On

ART.254

ELEMENTS:
1. That the offender discharges a firearm against or at another person; and
2. That the offender has no intention to kill that person.

The offender must shoot at another with any firearm without intention of killing him. If the firearm is not discharged at a person, the act is not punished under this article.

No crime if firearm is not discharged.

A discharge towards the house of the victim is not discharge of firearm. Firing a gun at the house of the offended party, not knowing in what part of the house the people were, is only alarm under Art. 155.

Usually, the purpose of the offender is only to intimidate or frighten the offended party.

If there is intention to kill, it may be classified as frustrated or attempted parricide, murder, or homicide.

No intent to kill if the distance is 200 meters.

There is a special complex crime of illegal discharge of firearm with serious or less serious physical injuries.

It is essential for prosecution to prove that the discharge of firearm was directed precisely against the offended party.

Intent to kill is negated by the fact that the distance between the victim and the offender is 200 yards.

A person can be held liable for discharge even if the gun was not pointed at the offended party when it fired as long as it was initially aimed at or against the offended party.