— I dissent.
The narrow issue to be resolved is whether a 24-foot Winnebago motor home which was parked for the weekend near a residence on private property was “an inhabited dwelling house or occupied building” within the meaning of Penal Code section 246.1 I conclude that at the very least it is properly classified as “an inhabited dwelling house.”
The Winnebago motor home was equipped with sleeping accommodations, sitting area, kitchen area and a stove for cooking. Its owner habitually drove the unit on weekends to the foothills near Dunlap in Fresno County and parked it in the same location. On the weekend in question he followed his usual practice. The electrical umbilical was connected to an outside source and the curtains were closed. The owner and another person were using the Winnebago as a habitation when two shotgun blasts were discharged into the home at close range and from different angles.
Earlier in the evening the defendant had had disagreements with the owner’s friends at a nearby inn where some shoving and pushing took place and had been denied a ride home in the Winnebago. Defendant was arrested after the shooting and charged with violating Penal Code section 246.
The proper interpretation of statutory language is' a question of law for the appellate court, which is not constricted in this regard by the conclusions of the trial court. (Evid. Code, § 310; Neal v. State of California (1960) 55 Cal.2d 11, 17 [9 Cal.Rptr. 607, 357 P.2d 839] (cert. den., 365 U.S. 823 [5 L.Ed.2d 700, 81 S.Ct. 708].)
In construing the phrase “inhabited dwelling house or occupied building,” the primal principle of statutory construction requires the *23ascertainment of the intent of the Legislature. (Select Base Materials v. Board of Equal. (1959) 51 Cal.2d 640, 645 [335 P.2d 672].) When, as here, there is no direct evidence of legislative intent, the court should turn first to the words of the enactment for the answer and may also rely upon extrinsic aids. (See People v. Knowles (1950) 35 Cal.2d 175, 182-183 [217 P.2d 1] (overruled on other grounds in People v. Tribble (1971) 4 Cal.3d 826, 831 [94 Cal.Rptr. 613, 484 P.2d 589]; cert. den., 340 U.S. 879 [95 L.Ed. 639, 71 S.Ct. 117]); In re Miller (1947) 31 Cal.2d 191, 198-199 [187 P.2d 722].)
It is also appropriate to observe that the statute “should be construed flexibly with the principal objective of discouraging the social evil which [the] statute was designed to prevent” (People v. Malcolm (1975) 47 Cal.App.3d 217, 223 [120 Cal.Rptr. 667], fn. omitted) and that “[t]he rule of the common law, that penal statutes are to be strictly construed, has no application to this [Penal] Code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.” (Pen. Code, § 4; People v. Haskins (1960) 177 Cal.App.2d 84, 86-87 [2 Cal.Rptr. 34].)
The manifest intent of the Legislature in enacting Penal Code section 246 could have been nothing other than to protect the inhabitants of a structure designed or altered or equipped for human habitation and being used as such from being killed or injured by a missile from a firearm.2
This being the overriding discernible intent of the Legislature in enacting section 246, it is apparent that the mobility of the structure so designed and used for habitation is of little, if any, measurable significance. The inquiry therefore should be directed toward whether either case law or other principles of statutory interpretation preclude such a conclusion. I think not.
Turning first to the case law, no cases have been found which define the terms “inhabited dwelling house” or “occupied building” as they are used in section 246. Lacking such direct authority, it is agreed by both of the parties that it is appropriate to turn to the burglary statutes and the cases which interpret them. Penal Code section 460, subdivision 1, *24defining first degree burglary, uses the precise term “inhabited dwelling house ... or building.” The terms “house” and “building” are used in Penal Code section 459. In People v. Chavira (1970) 3 Cal.App.3d 988, 992 [83 Cal.Rptr. 851], the court looked for guidance to cases construing the burglary statute in order to interpret the meaning of words used in Penal Code section 246.
A review of those cases supports the view that the degree of mobility, whether self-propelled or not, does not prevent an inhabited or occupied structure from being classified as an inhabited dwelling, or occupied building. Initially it is noted that the terms “house” and “building” have been given a liberal interpretation. Thus, in People v. Stickman (1867) 34 Cal. 242, 245, the court said: “A house, in the sense of the statute, is any structure which has walls on all sides and is covered by a roof.” (In accord, People v. Miller (1950) 95 Cal.App.2d 631 [213 P.2d 534]; People v. Buyle (1937) 22 Cal.App.2d 143 [70 P.2d 955].) A building has been defined in People v. Miller, supra, 95 Cal.App.2d 631, 634, as “‘a structure which has capacity to contain, and is designed for the habitation of, man or animals, or the sheltering of property.’ ” Witkin, in 1 California Crimes (1963 ed.) section 452, page 415, stated that a building may be “any kind of structure if used as a habitation.” Defining the word “building” in terms of its purpose and design, People v. Alexander (1966) 244 Cal.App.2d 301, 305 [53 Cal.Rptr. 65], states: ““‘The well-understood meaning of the word [building] is a structure which has a capacity to contain, and is designed for the habitation of, man or animals, or the sheltering of property.” ’ ”
In People v. Burley (1938) 26 Cal.App.2d 213, 214-215 [79 P.2d 148], the court held that a mobile popcorn stand mounted on small wheels which was entirely enclosed was a building. The court said: “[T]here are no words in the statute to indicate a legislative intent to limit such offense to the unlawful entry of structures that are a part of the realty.” Similarly, the following have been held to be included within the burglary statutes: Mobile chicken coop on skids (People v. Coffee (1921) 52 Cal.App. 118, 120-122 [198 P. 213]); passenger bus used as an office (People v. McLaughlin (1957) 156 Cal.App.2d 291, 296 [319 P.2d 365]); sheep wagon on wheels used by sheepherder as place of habitation (State v. Ebel (1932) 92 Mont. 413 [15 P.2d 233]); 40- or 50-foot mobile trailer home adapted for overnight accommodations and stored in a lot awaiting transport
*25(Commonwealth v. Mayer (1976) 240 Pa.Super. 181 [362 A.2d 407]; trailer used as office (State v. Parsons (1950) 70 Ariz. 399 [222 P.2d 637, 639]).3
The defendant relies upon People v. Jones (1926) 78 Cal.App. 683 [248 P. 713]. The structure at issue was a burglarized caboose hooked to and at the end of a train standing in a railroad yard. There is a paucity of facts stated in the opinion. The court, in conclusional terms and without citation of authority, held the caboose was not an “inhabited dwelling house or building” within the meaning of Penal Code section 460. It could well be that the holding in Jones can be reconciled with the aforecited cases on the ground that the caboose was not designed or customarily used for habitation of people or animals and not intended for ordinary uses for which a house or building is put. (See People v. Alexander, supra, 244 Cal.App.2d 301, 304-305; 1 Witkin, Cal. Crimes (1963 ed.) § 452, p. 415; State v. Ebel, supra, 92 Mont. 413 [15 P.2d 233, 234-235].) The court in Jones noted that a caboose is a “railroad car.” A “railroad car” is expressly included in Penal Code section 459, whereas it is omitted from section 460. Such an omission would raise an inference that the Legislature did not intend section 460 to apply to the burglary of a caboose. In the present case there is no similar indication that the Legislature intended the terms in Penal Code section 246 to be narrowly construed. Jones is therefore distinguishable. Nevertheless, to the extent that the holding in Jones is inconsistent with the conclusions herein, I would decline to follow its teaching as being inconsistent with the other cases on the subject.
Inferentially supportive of my conclusion that mobility of a structure otherwise designed or converted and customarily used for human *26habitation does not prevent the structure from being classified as an “inhabited dwelling house or occupied building” is the definition of a “house car,” which includes a Winnebago. That definition, contained in Vehicle Code section 362, reads: “A ‘house car’ is a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached....” It is apparent that by this definition the Legislature has equated the idea of mobility (a car) with a home (house).
The majority argues that because Penal Code section 246 was amended in 1976 to include “occupied motor vehicle,”4 it must be presumed that a change in the law was intended, thus inferentially demonstrating that discharging a firearm at a motor home before the amendment was not prohibited. (People v. Valentine (1946) 28 Cal.2d 121, 142 [169 P.2d 1].) The Legislature indeed made a change in the law by the amendment, in that it included within the protections of Penal Code section 246 all occupied motor vehicles, whether used on or off the highway for human habitation. The Legislature also concurrently eliminated language in Vehicle Code section 231105 which had restricted the offense therein to making the discharge of a firearm at a vehicle on a highway punishable.
Nevertheless, the conclusion is not compelled from this amendment or the 1977 amendment that the Legislature had intended to exclude motor homes and trailers from being protected under the former provisions of *27section 246. With equal logic it can be rationally concluded that the Legislature must have intended insofar as motor homes are concerned that the amendment was a legislative reaffirmance and clarification of existing law. (People v. Haskins (1960) 177 Cal.App.2d 84, 87 [2 Cal.Rptr. 34].)
Corroboration of this view is found in the Legislature’s use of the term “motor vehicle” rather than “vehicle” when amending the statute in 1976 and in the reenactment of the language “inhabited dwelling house or occupied building.” The reenactment establishes that the terms of the statute have the same meaning as judicial decisions construing that language, of which decisions the Legislature is presumed to be aware. (Witkin, Cal. Crimes (1975 supp.) § 18, p. 24.) If the language “inhabited dwelling house or occupied building” is not construed to include habitable mobile vehicles which are not self-propelled and thus are not “motor vehicles” (Veh. Code, § 415), a whole class of structures defined as trailer coaches (Veh. Code, § 635) would remain excluded from protection under the pre-1977 law. I cannot ascribe such an absurd intent to the Legislature.
The principal opinion also relies upon the principles of interpretation repeated in Keeler v. Superior Court (1970) 2 Cal.3d 619, 631 [87 Cal.Rptr. 481, 470 P.2d 617, 40 A.L.R.3d 420], where it is said: “It is the policy of this state to construe a penal statute as favorably to the defendant as its language and the circumstances of its application may reasonably permit; just as in the case of a question of fact, the defendant is entitled to the benefit of every reasonable doubt as to the true interpretation of words or the construction of language used in a statute. [Citation.]” (See People v. Valentine, supra, 28 Cal.2d 121, 143.) On its face this principle seems to be in conflict with the statutory rule set forth in Penal Code section 4, to the effect that the rule of the common law that penal statutes are to be strictly construed, has no application and that all provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice. Upon closer analysis, however, there is no conflict as applied to this case. By its terms, the principle of Keeler applies to the interpretation of the words and phrases in a statute when the “language and the circumstances of its application . .. reasonably permit; . ..” (2 Cal.3d at p. 631.) In my view, the term “inhabited dwelling house” under the circumstances herein does not reasonably permit any interpretation other than that I have espoused. I do not believe any reasonable person could possibly believe he was not violating the statute by discharging a weapon into a known inhabited *28motor home being used as a dwelling. To find otherwise would lead to the absurd conclusion that the Legislature prior to 1966 did not intend to make the actions at issue in this case punishable under this law. Moreover, the principle of Keeler does not mean that “the language of a statute must be stretched and strained beyond the limitation of reason.” (Downing v. Municipal Court (1948) 88 Cal.App.2d 345, 349 [198 P.2d 923].) As was said in People v. Crenshaw (1946) 74 Cal.App.2d 26, 29 [167 P.2d 781], quoting from 2 Lewis’ Sutherland Statutory Construction (2d ed.) section 528, page 981: “ ‘A penal statute should receive a reasonable and common sense construction, and “its force should not be frittered away by niceties and refinements at war with the practical administration of justice.” The principle of strict construction does not allow a court to make that an offense which is not such by legislative enactment; but this does not exclude the application of common sense to the terms made use of in an act in order to avoid an absurdity which the legislature ought not to be presumed to have intended.’ ” (See People v. Hallner (1954) 43 Cal.2d 715, 721 [277 P.2d 393].)
In this regard, it is also noted in passing that the principle of Keeler and Valentine has caused the courts no problem in construing the identical language to include mobile and semi-mobile structures in the context of burglary statutes.
Finally, it must be observed that the majority’s construction of the statute as it existed prior to amendment in 1976 would eliminate protection to occupants of a motor home after the vehicle left the highway, protection up to that point being afforded by Vehicle Code section 23110 as it then read. There is nothing inappropriate, inconsistent or incongruous in interpreting the two statutes (Veh. Code, § 23110, and Pen. Code, § 246) together and as a congruent whole for the purpose of affording protection to the occupants of a motor home while on the highway under the Vehicle Code and under the Penal Code while off the highway.
I would hold that the term “inhabited dwelling house” as used in section 246 of the Penal Code includes a Winnebago motor home being used for habitation when parked on private property, that a reasonable person in the position of the defendant would know that the conduct in which he engaged was prohibited by the statute, and that considering the purpose of the statute, the language of the statute and other circum*29stances no other conclusion would be reasonable. Having so held, it would be unnecessary to determine whether a motor home is an occupied building.
I would reverse the order.
Penal Code section 246 at the time of the events herein provided: “Any person who shall maliciously and wilfully discharge a firearm at an inhabited dwelling house or occupied building, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than one or more than five years or by imprisonment in the county jail not exceeding one year.”
At the time of the offense herein Vehicle Code section 23110 prohibited the discharge of a firearm at a motor vehicle on the highway or occupant thereof, thus protecting persons in a motor home and other motorists from such criminal conduct while on the highway.
In noncriminal context the cases uniformly hold semimobile and mobile structures to be buildings. See, for example, Pacific Gas & Elec. Co. v. Hacienda Mobile Home Park (1975) 45 Cal.App.3d 519, 527 [119 Cal.Rptr. 559] (a mobile home or trailer is a building or structure as those two terms were used in a subject grant of easement); Melton v. City of San Pablo (1967) 252 Cal.App.2d 794, 803 [61 Cal.Rptr. 29] (bus used as a restaurant, utility lines connected, wheels on, tires inflated. Building subject to building code ordinance. “Once adapted to such a use, any characteristics the bus might otherwise have as a mobile transportation unit are, at least temporarily, suspended . . . .”); Aetna Life Ins. Co. v. Aird (5th Cir. 1939) 108 F.2d 136 (house trailer resting on jacks used for one week as dwelling was within provisions of accident insurance policy providing for double indemnity to one injured by the collapse of walls or burning of building); Lower Merion Tp. v. Gallup (1946) 158 Pa.Super. 572 [46 A.2d 35] (app. dism. 329 U.S. 669 [91 L.Ed. 591, 67 S.Ct. 92]) (vehicles for living or sleeping purposes are as much dwelling as any house built on a foundation and therefore are not mobile, and thus are subject to building codes); Town of Montclair v. Amend (1908) [68 A. 1067] (affd. 76 N.J.L. 625 [72 A. 360]) (familiar “lunch wagon” connected by utility lines was a building subject to local ordinance).
Penal Code section 246 as amended in 1976 provides; “Any person who shall maliciously and willfully discharge a firearm at an inhabited dwelling house or occupied building, or occupied motor vehicle is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison or by imprisonment in the county jail not exceeding one year.”
Section 246 was further amended in 1977 to provide that; “Any person who shall maliciously and willfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, inhabited house car, as defined in Section 362 of the Vehicle Code, or inhabited camper, as defined in Section 243 of the Vehicle Code, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison, or by imprisonment in the county jail not exceeding one year. As used in this section, ‘inhabited’ means currently being used for dwelling purposes, whether occupied or not.”
Vehicle Code section 23110 provided at the time of the events herein;
“(a) Any person who throws any substance at a vehicle or any occupant thereof on a highway is guilty of a misdemeanor.
“(b) Any person who with intent to do great bodily injury maliciously and wilfully throws or projects any rock, brick, bottle, metal or other missile, or projects any other substance capable of doing serious bodily harm, or discharges a firearm at such vehicle or occupant thereof is guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year or more than five years in the state prison.”
The 1976 amendment deleted the language “discharges a firearm.”