Code of Alabama
Ala. Code § 13A-11-61 (2026)
Discharging Firearm, Etc., into Occupied or Unoccupied Building, Etc., Prohibited; Penalty.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) No person shall shoot or discharge a firearm, explosive or other weapon that discharges a dangerous projectile into any occupied or unoccupied dwelling, building, railroad locomotive, railroad car, aircraft, automobile, truck, or watercraft.
(b) Any person who commits an act prohibited by subsection (a) with respect to an occupied dwelling, building, railroad locomotive, railroad car, aircraft, automobile, truck, or watercraft shall be guilty of a Class A felony.
(c) Any person who commits any act prohibited by subsection (a) with respect to an unoccupied dwelling, building, railroad locomotive, railroad car, aircraft, automobile, truck, or watercraft shall be guilty of a Class C felony.
(Acts 1984, No. 84-276, p. 463, §§1, 2; Act 2025-273, §3.)
Notes of Decisions
Cited in 47
cases (14 in the last 5 years), 1987–2026 · leading case: Sullens v. State.
Sullens v. State (Ala. Crim. App. 2003). “Therefore, we must *1221 determine whether a violation of § 13A-11-61, Ala.Code 1975, is a strict liability offense.”
Baker v. State (Ala. Crim. App. 2001). “Walker, (2) discharging a firearm into an occupied dwelling, see § 13A-11-61, Ala.Code 1975, and (3) capital murder, for intentionally murdering Tracy Baker with a gun in the course of kidnapping her, see § 13A-5-40(a)(1), Ala.”
Harrison v. State (Ala. Crim. App. 2003). “Therefore, we must determine whether a violation of § 13A-11-61, Ala.Code 1975, is a strict liability offense.”
Ex Parte Baker (Ala. 2004). “Code 1975; discharging a weapon into an occupied dwelling, a violation of § 13A-11-61, Ala. Code 1975; and capital murder in intentionally murdering Tracy Baker in the course of kidnapping her, a violation of § 13A-5-40(a)(1), Ala.”
Scott v. State (Ala. Crim. App. 2005). “"Unlike the vehicular homicide statute, § 13A-11-61, Ala.Code 1975, does not expressly exclude intentional conduct.”
Poe v. State (Ala. Crim. App. 1987). “The appellant was convicted of violating § 13A-11-61, Code of Alabama (1975), discharging a firearm into an occupied dwelling.”
Williams v. State (Ala. Crim. App. 1993). “The appellant, Charles Walter Williams, was convicted after a jury trial of shooting into an occupied vehicle, in violation of § 13A-11-61, Code of Alabama 1975, and was sentenced to 11 years' imprisonment.”
Patton v. State (Ala. Crim. App. 2007). “The Alabama Code provides that ‘[t]he circuit court shall have exclusive original jurisdiction of all felony prosecutions .”
Marshall v. State (Ala. 2009). “§ 13A-11-61(b), Ala.Code 1975. As a result, the State’s prosecution of Seymour for that offense was within the circuit court’s subject-matter jurisdiction, and a defect in the indictment could not divest the circuit court of its power to hear the case.”
Hawkins v. State (Ala. Crim. App. 1993). “The shots fired by the appellant, which hit the door and the tire, come within the purview of § 13A-11-61. There was sufficient evidence to find the appellant guilty of discharging a firearm into an occupied vehicle.”
Vaughn v. State (Ala. Crim. App. 2009). “On May 15, 2008, during the probationary portion of Vaughn’s sentence, Vaughn’s probation officer filed a delinquency report, charging Vaughn with violating the terms and conditions of his probation by having committed the new offense of shooting or discharging a firearm into an…”
Walker v. State (Ala. Crim. App. 2013). “On November 22, 2011, Walker was indicted and charged with the offense of discharging a firearm into an occupied vehicle, a violation of § 13A-11-61, Ala.Code 1975. On September 26, 2012, the charge was reduced to menacing, a violation of § 13A-6-23, Ala.”
— Ala. Code § 13A-11-61(a) — 11 cases
Sullens v. State (Ala. Crim. App. 2003). “Therefore, we must *1221 determine whether a violation of § 13A-11-61, Ala.Code 1975, is a strict liability offense.”
Baker v. State (Ala. Crim. App. 2001). “Walker, (2) discharging a firearm into an occupied dwelling, see § 13A-11-61, Ala.Code 1975, and (3) capital murder, for intentionally murdering Tracy Baker with a gun in the course of kidnapping her, see § 13A-5-40(a)(1), Ala.”
Harrison v. State (Ala. Crim. App. 2003). “Therefore, we must determine whether a violation of § 13A-11-61, Ala.Code 1975, is a strict liability offense.”
Janice Moncrief, et al. v. City of Montgomery, a Mun. Corp. of the State of Alabama, et al. (M.D. Ala. 2026).
Page v. State (Ala. Crim. App. 2009).
— Ala. Code § 13A-11-61(b) — 10 cases
Patton v. State (Ala. Crim. App. 2007). “The Alabama Code provides that ‘[t]he circuit court shall have exclusive original jurisdiction of all felony prosecutions .”
Marshall v. State (Ala. 2009). “§ 13A-11-61(b), Ala.Code 1975. As a result, the State’s prosecution of Seymour for that offense was within the circuit court’s subject-matter jurisdiction, and a defect in the indictment could not divest the circuit court of its power to hear the case.”
Hulsey v. State (Ala. Crim. App. 2015).
Marshall v. State (Ala. Crim. App. 2008).
United States v. Roderick Corlion Pearson (11th Cir. 2009).
— Ala. Code § 13A-11-61(c) — 1 case
Christopher Jarquis Guice v. State of Alabama (Ala. Crim. App. 2023).
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