(1) A person is guilty of drive-by shooting when he or she recklessly discharges a firearm as defined in RCW 9.41.010 in a manner which creates a substantial risk of death or serious physical injury to another person and the discharge is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm, or both, to the scene of the discharge.

Attorney's Note

Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B felonyup to 10 yearsup to $20,000
For details, see Wash. Rev. Code § 9A.20.021
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Terms Used In Washington Code 9A.36.045

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(2) A person who unlawfully discharges a firearm from a moving motor vehicle may be inferred to have engaged in reckless conduct, unless the discharge is shown by evidence satisfactory to the trier of fact to have been made without such recklessness.
(3) Drive-by shooting is a class B felony.
[ 1997 c 338 § 44; 1995 c 129 § 8 (Initiative Measure No. 159); (1994 sp.s. c 7 § 511 repealed by 1995 c 129 § 19 (Initiative Measure No. 159)); 1989 c 271 § 109.]

NOTES:

FindingEvaluationReport1997 c 338: See note following RCW 13.40.0357.
SeverabilityEffective dates1997 c 338: See notes following RCW 5.60.060.
Findings and intentShort titleSeverabilityCaptions not law1995 c 129: See notes following RCW 9.94A.510.
FindingIntentSeverabilityEffective datesContingent expiration date1994 sp.s. c 7: See notes following RCW 43.70.540.
FindingIntent1989 c 271 §§ 102, 109, and 110: See note following RCW 9A.36.050.
Application1989 c 271 §§ 101-111: See note following RCW 9.94A.510.
Severability1989 c 271: See note following RCW 9.94A.510.