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Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 2707.1 (2026)

 Discharge of a firearm into an occupied structure.

✓ current as of May 2026
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§ 2707.1.  Discharge of a firearm into an occupied structure.

(a)  Offense defined.--A person commits an offense if he knowingly, intentionally or recklessly discharges a firearm from any location into an occupied structure.

(b)  Grading.--An offense under this section shall be a felony of the third degree.

(c)  Defense.--It is a defense to prosecution under this section that:

(1)  the person discharging the firearm was a law enforcement officer engaged in the performance of his official law enforcement duties; or

(2)  the person discharging the firearm was engaged in a hunting activity; and

(i)  the discharge of the firearm took place from a location where the hunting activity is lawful; and

(ii)  the passage of the projectile from the firearm into the occupied structure was not intentional, knowing or reckless.

(d)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Firearm."  Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosion or the frame or receiver of any such weapon.

"Occupied structure."  Any structure, vehicle or place adapted for overnight accommodation of persons or for carrying on business therein, whether or not a person is actually present.

(Dec. 20, 2000, P.L.831, No.116, eff. 60 days)

 

2000 Amendment.  Act 116 added section 2707.1.

Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 2009–2023 · leading case: Commonwealth v. McCoy, 962 A.2d 1160 (Pa. 2009).
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Commonwealth v. McCoy, 962 A.2d 1160 (Pa. 2009). · cites it 14× “1, entitled "Discharge of a firearm into an occupied structure," encompasses a situation where an individual discharges a firearm while inside an occupied structure, rather than firing into the structure from a location outside of the structure.”
Com. v. James, B., 268 A.3d 461 (Pa. Super. Ct. 2021). · cites it 4× “§ 2705), and discharging a firearm into an occupied structure (18 Pa.C.S. § 2707.1(a)). Appellant challenges the sufficiency and weight of the evidence to sustain his convictions.”
Commonwealth v. Antidormi, 84 A.3d 736 (Pa. Super. Ct. 2014). “18 Pa.C.S. § 2707.1(a). . 18 Pa.C.S. § 903(a).”
Com. v. Headley, J., 242 A.3d 940 (Pa. Super. Ct. 2020). · cites it 3× “-6- J-S37004-20 In his second issue, Appellant asserts that the evidence was insufficient to prove that he committed the crime of discharging a firearm into an occupied structure in violation of 18 Pa.C.S. § 2707.1. Appellant challenges the interpretation of the term “occupied…”
Com. v. Platt, L. (Pa. Super. Ct. 2017). “2 18 Pa.C.S. § 2707.1(a). 3 18 Pa.C.S. § 3304(a) and 18 Pa.”
Com. v. Rice, J. (Pa. Super. Ct. 2018). “He was also convicted of prohibited possession of a firearm,4 firearms not to be carried ____________________________________________ 1 18 Pa.C.S. § 2707.1(a). 2 18 Pa.C.S. § 907(a).”
Com. v. Baldwin, T. (Pa. Super. Ct. 2018). “See 18 Pa.C.S. § 2707.1(b). Detective Breault received reports that, within a couple of days after the shooting, three individuals had threatened and intimidated the victims of Kyle Baldwin’s shooting.”
Com. v. McLaurin, D. (Pa. Super. Ct. 2018). “2 18 Pa.C.S. § 2707.1. 3 18 Pa.C.S. § 6105.”
Com. v. Steele, A. (Pa. Super. Ct. 2019). “” 18 Pa.C.S. § 2707.1(a). Under the Uniform Firearms Act, Pennsylvania prohibits possession of firearms when a person has been convicted of an offense under The Controlled Substance, Drug, Device and Cosmetic Act, or any equivalent statute of any other state, that may be…”
Com. v. Jones, R. (Pa. Super. Ct. 2020). “§ 2702(a)(1)), Discharge of a Firearm [i]nto Occupied Structure (18 Pa.C.S. § 2707.1(a)), Receiving Stolen Property (18 Pa.”
Com. v. Serrano, J. (Pa. Super. Ct. 2020). “§ 2702(a)(1); and Discharge of a Firearm into an Occupied Structure, 18 Pa.C.S. § 2707.1. The charges related to his fatal shooting of the victim, George Figueroa, at the Lebanon Cedars Sports Bar.”
Charles Simonson v. Borough of Taylor (3rd Cir. 2020). “§ 901 (a); aggravated assault, 18 Pa. Cons. Stat. § 2702 (a)(1); discharge of a firearm into an occupied structure, 18 Pa.”
Show all 16 citing cases →
— 18 Pa. Cons. Stat. § 2707.1(a) — 8 cases
Commonwealth v. Antidormi, 84 A.3d 736 (Pa. Super. Ct. 2014). “18 Pa.C.S. § 2707.1(a). . 18 Pa.C.S. § 903(a).”
Com. v. James, B., 268 A.3d 461 (Pa. Super. Ct. 2021). “§ 2705), and discharging a firearm into an occupied structure (18 Pa.C.S. § 2707.1(a)). Appellant challenges the sufficiency and weight of the evidence to sustain his convictions.”
Com. v. Platt, L. (Pa. Super. Ct. 2017). “2 18 Pa.C.S. § 2707.1(a). 3 18 Pa.C.S. § 3304(a) and 18 Pa.”
Com. v. Rice, J. (Pa. Super. Ct. 2018). “He was also convicted of prohibited possession of a firearm,4 firearms not to be carried ____________________________________________ 1 18 Pa.C.S. § 2707.1(a). 2 18 Pa.C.S. § 907(a).”
Com. v. Steele, A. (Pa. Super. Ct. 2019). “” 18 Pa.C.S. § 2707.1(a). Under the Uniform Firearms Act, Pennsylvania prohibits possession of firearms when a person has been convicted of an offense under The Controlled Substance, Drug, Device and Cosmetic Act, or any equivalent statute of any other state, that may be…”
— 18 Pa. Cons. Stat. § 2707.1(b) — 2 cases
Com. v. Baldwin, T. (Pa. Super. Ct. 2018). “See 18 Pa.C.S. § 2707.1(b). Detective Breault received reports that, within a couple of days after the shooting, three individuals had threatened and intimidated the victims of Kyle Baldwin’s shooting.”
Com. v. Baldwin, T. (Pa. Super. Ct. 2015).
— 18 Pa. Cons. Stat. § 2707.1(c)(2) — 1 case
Commonwealth v. McCoy, 962 A.2d 1160 (Pa. 2009). “1, entitled "Discharge of a firearm into an occupied structure," encompasses a situation where an individual discharges a firearm while inside an occupied structure, rather than firing into the structure from a location outside of the structure.”
— 18 Pa. Cons. Stat. § 2707.1(c)(2)(h) — 1 case
Commonwealth v. McCoy, 962 A.2d 1160 (Pa. 2009). “1, entitled "Discharge of a firearm into an occupied structure," encompasses a situation where an individual discharges a firearm while inside an occupied structure, rather than firing into the structure from a location outside of the structure.”
— 18 Pa. Cons. Stat. § 2707.1(c)(2)(ii) — 1 case
Commonwealth v. McCoy, 962 A.2d 1160 (Pa. 2009). “1, entitled "Discharge of a firearm into an occupied structure," encompasses a situation where an individual discharges a firearm while inside an occupied structure, rather than firing into the structure from a location outside of the structure.”
— 18 Pa. Cons. Stat. § 2707.1(d) — 1 case
Com. v. James, B., 268 A.3d 461 (Pa. Super. Ct. 2021). “§ 2705), and discharging a firearm into an occupied structure (18 Pa.C.S. § 2707.1(a)). Appellant challenges the sufficiency and weight of the evidence to sustain his convictions.”
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