May, J.
The statute under which Tipton was charged requires there be an inhabited dwelling: “criminal recklessness is a Class C felony if it is committed by shooting a firearm into an inhabited dwelling or other building or place where people are likely to gather.”9 Ind. Code § 35-42-2-2. Tipton argues the house was not the “inhabited dwelling” the statute requires because nobody was home. He notes a statutory definition of “dwelling”10 as “a building, structure, or other enclosed space, permanent or temporary, movable or fixed, that is a person’s home or place of lodging,” Ind. Code § 35-31.5-2-107, and claims: “If the Legislature intended to elevate criminal reckless [sic] to a class C felony simply upon a showing that the building or structure shot into was a ‘person’s home or place of lodging,’ then the word dwelling would have sufficed.” (Reply Br. of Appellant at 4.) Compare Ind. Code § 35-43-2-1 (burglary is a Class B felony if it is committed while armed with a deadly weapon or the building or structure is a dwelling)
. . . .
We adopt the reasoning of those courts that have held the fact the occupants of a house were not physically present does not lessen the risk of danger to others or the recklessness of his behavior and that shooting at a structure currently used as a dwelling poses a great risk or “high probability” of death. We accordingly hold a residence may be “inhabited” for criminal recklessness purposes if someone is likely to be inside.
BAKER, J., and SHEPARD, Sr. J., concur.