Final answer:
The individual discharging a firearm without malice but unlawfully is usually guilty of reckless endangerment or illegal discharge of a firearm, with charges varying based on local laws.
Step-by-step explanation:
When someone discharges a firearm within or against an occupied building in a manner that puts occupants in peril unlawfully but not maliciously, the individual is guilty of a crime that depends on specific state laws and circumstances. However, often this act could be classified as a form of reckless endangerment or illegal discharge of a firearm. In some jurisdictions, reckless use of a firearm without malice towards individuals inside an occupied dwelling can lead to misdemeanor charges or more serious felony charges based on the level of negligence and potential harm caused. Maliciously discharging a firearm within or against any occupied building or dwelling that puts one or more persons in peril is considered a serious crime. However, if the act of discharging the firearm unlawfully is not done with malicious intent, it may still be considered a lesser offense. The specific charge for this offense will vary depending on the jurisdiction, but it can be categorized as a lesser offense than the more serious crime of maliciously discharging a firearm. The penalties for this offense may include fines, probation, community service, or imprisonment.