Every person who shall discharge a firearm from a motor vehicle in a manner which
creates a substantial risk of death or serious injury shall, upon conviction, be fined
not less than five thousand dollars ($5,000) nor more than fifty thousand dollars
($50,000) or imprisoned for not less than ten (10) years nor more than twenty (20)
years, or both.
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 2004–2024 · leading case:
Mosby v. Devine, 851 A.2d 1031 (R.I. 2004).
Mosby v. Devine, 851 A.2d 1031 (R.I. 2004).
· cites it 4× “[35] According to statistics issued by the United States Department of Justice, the rate of homicides in Rhode Island committed with a gun has been on the increase since 1996.”
State v. Tafoya, 2012 NMSC 30 (N.M. 2012).
“”); R.I. Gen. Laws § 11-47-61 (West 1990) (“Drive-By Shooting” consists of “discharging] a firearm from a motor vehicle.”
State v. Nayquan Gadson, 87 A.3d 1044 (R.I. 2014).
“In addition, codefendant Stokes (and he alone) was charged with one count of carrying a handgun without a license in violation of § ll-47-8(a) (Count Six) and one count of discharging a firearm from a motor vehicle in a manner which created a substantial risk of death or serious…”
State v. Robert Rego (R.I. 2021).
“2(b)(1); Count Two, discharging a firearm from a motor vehicle in a manner which created a substantial risk of death or serious injury, in violation of § 11-47-61; Count Three, carrying a firearm without a license, in violation of § 11-47-8(a); Count Four, assault with a…”
State v. Jairo Esdel (R.I. 2024).
“2(b)(4) (count 2); discharging a firearm from a motor vehicle in a manner that created a substantial risk of death or serious injury, in violation of § 11-47-61 (count 3); and carrying a pistol without a license or permit, in violation of § 11-47-8(a) (count 4).”
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