Final answer:
The charge for maliciously discharging a firearm within or into an occupied building resulting in death could be second-degree murder, depending on the lack of premeditation and wanton disregard for human life. The exact charge varies based on specific state laws and circumstances of the incident. Manslaughter and negligent homicide are different legal distinctions that may apply depending on intent and recklessness.
Step-by-step explanation:
If someone knowingly discharges a firearm within or into an occupied building or dwelling and this act puts one or more persons in danger which results in death, the individual could potentially be charged with second-degree murder. Second-degree murder is generally defined as an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion," or a killing caused by dangerous conduct and the offender's obvious lack of concern for human life.
However, the actual charge can vary based on specific state laws and factors such as the individual's intent, the circumstances of the incident, and whether the act was a result of recklessness or malice. For example, if the discharge was accidental due to negligence, this could be negligent homicide. Conversely, if the act was done with the intent to kill, or with wanton disregard for the safety of others, it could rise to first-degree murder based on premeditation.
Manslaughter, on the other hand, typically refers to a killing that occurs in the "heat of passion" or is the result of gross negligence, but without the intent to kill. Legal distinctions between these offenses are critical, and ultimate charges are determined by the legal system following a thorough investigation.