12.1. Arson-First Degree
This is a Florida Jury Instructions form that can be used for 12 Arson And Criminal Mischief within Criminal.
Last updated: 2/28/2006
12.1 ARSON - FIRST DEGREE 806.01(1), Fla. Stat. To prove the crime of Arson, the State must prove the following [three] [four] elements beyond a reasonable doubt: 1. [Name of defendant] [ contents alleged] by [fire] [explosion]. 2. a. The damage was done willfully and unlawfully. b. The damage was caused while [name of defendant] was engaged in the commission of [felony alleged]. 3. The [structure alleged] was a. [a dwelling.] b. age occurred during normal hours of occupancy.] [an institution where persons are normally present.] c. [a structure.] 4. [Name of defendant] knew or had reasonable grounds to believe the [structure alleged] was occupied by a human being. "Structure" means: 1. Any building of any kind. 2. Any enclosed area with a roof over it. 3. Any real property and its appurtenances. 4. Any tent or other portable building. 5. Any vehicle. 6. Any vessel. 7. Any watercraft. 8. Any aircraft. Give only if 2b is alleged: Define the crime alleged. If burglary, also define crime that was the object of burglary.