Idaho Code
Idaho Code

Idaho Code § 18-3317 (2026)

Unlawful discharge of a firearm at a dwelling house, occupied building, vehicle or mobile home. 

✓ current as of May 2026
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Unlawful discharge of a firearm at a dwelling house, occupied building, vehicle or mobile home. 

It shall be unlawful for any person to intentionally and unlawfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, inhabited mobile home, inhabited travel trailer, or inhabited camper. Any person violating the provisions of this section shall be guilty of a felony, punishable by imprisonment in the state prison for a term not to exceed fifteen (15) years.

As used in this section, "inhabited" means currently being used for dwelling purposes, whether occupied or not.
Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1996–2023 · leading case: State v. Hudson, 927 P.2d 451 (Idaho Ct. App. 1996).
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State v. Hudson, 927 P.2d 451 (Idaho Ct. App. 1996). · cites it 4× “§§ 18-901(a), -909, and with unlawful discharge of a firearm, I.C. § 18-3317. Hudson was also charged with a sentence enhancement for the use of a firearm, a shotgun, in the commission of the assault.”
State v. Ruel, 114 P.3d 158 (Idaho Ct. App. 2005). · cites it 4× “I.C. § 18-3317. Ruel pled not guilty and the ease proceeded to trial.”
State v. Pole, 79 P.3d 729 (Idaho Ct. App. 2003). · cites it 2× “§§ 18-901(b), 18-905; unlawful discharge of a firearm at a dwelling house, I.C. §§ 18-3317; and aggravated battery, I.”
State v. Morozko (Idaho Ct. App. 2020). · cites it 8× “FACTUAL AND PROCUDURAL BACKGROUND Morozko was charged with three counts of unlawful discharge of a firearm at a dwelling house, Idaho Code § 18-3317 , and two counts of possession of a controlled substance, I.”
State v. Morozko (Idaho Ct. App. 2023). · cites it 4× “FACTUAL AND PROCEDURAL BACKGROUND A jury found Morozko guilty of three counts of unlawful discharge of a firearm at an occupied building, I.C. § 18-3317, and two counts of possession of a controlled substance, I.”
State v. Zachary Eugene Tharp (Idaho Ct. App. 2016). · cites it 2× “I.C. § 18-3317. In exchange for his guilty plea, additional charges were dismissed.”
State v. Daniel Montgomery (Idaho Ct. App. 2017). · cites it 2× “The State charged Montgomery with two counts of aggravated assault, Idaho Code §§ 18 - 901, 19-2520, 18-905, and one count of unlawful discharge of a firearm at an occupied vehicle, I.C. §§ 18-3317, 19-2520. Montgomery filed a request for discovery pursuant to I.”
State v. Francisco Javier Lopez (Idaho Ct. App. 2017). · cites it 2× “Idaho Code §§ 18-3317 , 37-2732(a)(1)(A).”
State v. Steven L. Royer (Idaho Ct. App. 2017). · cites it 2× “Royer pled guilty to discharging a firearm at an inhabited dwelling, Idaho Code § 18-3317 . The district court imposed a unified sentence of eight years, with a minimum period of confinement of one year.”
State v. Hammond (Idaho Ct. App. 2018). · cites it 2× “________________________________________________ Before GRATTON, Chief Judge; GUTIERREZ, Judge; and HUSKEY, Judge ________________________________________________ PER CURIAM William Karyim Hammond pled guilty to discharge of a firearm at an occupied vehicle, Idaho Code § 18-3317…”
State v. Harvey (Idaho Ct. App. 2018). · cites it 2× “Idaho Code § 18-3317 . The district court sentenced Harvey to a unified term of fifteen years with seven years determinate and retained jurisdiction.”
State v. Gantt (Idaho Ct. App. 2019). · cites it 2× “Gantt pled guilty to unlawful discharge of a firearm into an occupied building, Idaho Code § 18-3317 ; destruction, alteration, concealment of evidence, I.”
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