76-11-210. Felony discharge of a firearm.
(1) As used in this section, "habitable structure" means the same as that term is defined in Section. 76-6-101 Terms defined in Sections,, andapply to this section. 76-1-101.5 76-11-101 76-11-201
(2) An actor commits felony discharge of a firearm if: the actor discharges a firearm in the direction of an individual, knowing or having reason to believe that an individual may be endangered by the discharge of the firearm; the actor, with intent to intimidate or harass another individual or with intent to damage a habitable structure, discharges a firearm in the direction of an individual or a habitable structure; or the actor, with intent to intimidate or harass another individual, discharges a firearm in the direction of a vehicle.
(3) Except as provided in Subsectionor (3)(c), a violation of Subsectionis a third degree felony punishable by a term of imprisonment of not less than three years nor more than five years. (3)(b) (2) Except as provided in Subsection, a violation of Subsectionthat causes bodily injury to any individual is a second degree felony punishable by imprisonment for a term of not less than three years nor more than 15 years. (3)(c) (2) A violation of Subsectionthat causes serious bodily injury to an individual is a first degree felony. (2)
(4) In addition to any other penalties for a violation of this section, the court shall: notify the Driver License Division of the conviction for purposes of any revocation, denial, suspension, or disqualification of a driver license under Subsection; and 53-3-220(1)(a)(xi) specify in court at the time of sentencing the length of the revocation under Subsection. 53-3-225(1)(c)
(5) This section does not apply to an actor: who discharges a firearm in the lawful defense of the actor or another individual; who is an individual listed in Subsectionsthroughand is performing official duties as provided in Sectionor, or as otherwise authorized by law; 53-5a-108(1)(a) (f) 23A-2-207 79-2-704 who discharges a dangerous weapon from an automobile or other vehicle, if: the discharge occurs at a firing range or training ground; at no time after the discharge does the projectile that is discharged cross over or stop at a location other than within the boundaries of the firing range or training ground described in Subsection; (5)(c)(i) the discharge is made as practice or training for a lawful purpose; the discharge and the location, time, and manner of the discharge are approved by the owner or operator of the firing range or training ground before the discharge; and the discharge is not made in violation of Subsection; or (2) acting under a farm custom slaughter license, discharges a firearm or other dangerous weapon in accordance with Subsection. 4-32-108(3)