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18.2-279 - Discharging firearms or missiles within or at building or dwelling house; penalty.

§ 18.2-279. Discharging firearms or missiles within or at building ordwelling house; penalty.

If any person maliciously discharges a firearm within any building whenoccupied by one or more persons in such a manner as to endanger the life orlives of such person or persons, or maliciously shoots at, or maliciouslythrows any missile at or against any dwelling house or other building whenoccupied by one or more persons, whereby the life or lives of any such personor persons may be put in peril, the person so offending is guilty of a Class4 felony. In the event of the death of any person, resulting from suchmalicious shooting or throwing, the person so offending is guilty of murderin the second degree. However, if the homicide is willful, deliberate andpremeditated, he is guilty of murder in the first degree.

If any such act be done unlawfully, but not maliciously, the person sooffending is guilty of a Class 6 felony; and, in the event of the death ofany person resulting from such unlawful shooting or throwing, the person sooffending is guilty of involuntary manslaughter. If any person willfullydischarges a firearm within or shoots at any school building whether occupiedor not, he is guilty of a Class 4 felony.

(Code 1950, §§ 18.1-66, 18.1-152; 1960, c. 358; 1975, cc. 14, 15; 1992, c.738; 2005, c. 143.)

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