AN ACT to increase the penalty for discharging certain weapons into occupied property in certain circumstances.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14‑34.1 reads as rewritten:
"§ 14‑34.1.  Discharging certain barreled weapons or a firearm into occupied property.
(a)	Any person who willfully or wantonly discharges or attempts to 	discharge any firearm or barreled weapon capable of discharging shot, bullets, pellets, or other missiles at a muzzle velocity of at least 600 feet per 	
second into any building, structure, vehicle, aircraft, watercraft, or other conveyance, device, equipment, erection, or enclosure while it is occupied is guilty of a Class E felony.
(b)	A person who willfully or wantonly discharges a weapon described in subsection (a) of this section into an occupied dwelling or into any occupied vehicle, aircraft, watercraft, or other conveyance that is in operation is guilty of a Class D felony.
(c)	If a person violates this section and the violation results in serious bodily injury to any person, the person is guilty of a Class C felony."
SECTION 2.  This act becomes effective December 1, 2005, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 23rd day of August, 2005.

	s/	 Beverly E. Perdue
	 President of the Senate

	s/	 James B. Black
	 Speaker of the House of Representatives

	s/	 Michael F. Easley
	 Governor

Approved 4:51 p.m. this 2nd day of October, 2005