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Florida State Arson

Statute

FLORIDA STATUTE 806.01 Arson.--

  1. Any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged :
    1. Any dwelling, whether occupied or not, or its contents;
    2. Any structure, or contents thereof, where persons are normally present, such as: jails, prisons, or detention centers; hospitals, nursing homes, or other health care facilities; department stores, office buildings, business establishments, churches, or educational institutions during normal hours of occupancy; or other similar structures; or
    3. Any other structure that he or she knew or had reasonable grounds to believe was occupied by a human being,
    is guilty of arson in the first degree, which constitutes a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  2. Any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged any structure, whether the property of himself or herself or another, under any circumstances not referred to in subsection (1), is guilty of arson in the second degree, which constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  3. As used in this chapter, "structure" means any building of any kind, any enclosed area with a roof over it, any real property and appurtenances thereto, any tent or other portable building, and any vehicle, vessel, watercraft, or aircraft.

Jury Instruction

ARSON — FIRST DEGREE
To prove the crime of Arson, the State must prove the following [three] [four] elements beyond a reasonable doubt:

  1. (Defendant) [damaged] [caused to be damaged] (structure or contents alleged) by [fire] [explosion]. Give 2a or 2b.
    1. The damage was done willfully and unlawfully.
    2. The damage was caused while defendant was engaged in the commission of (felony alleged).
  3. The (structure alleged) was Give 3a if charged under § 806.01(1)(a), Fla.Stat.
    1. [a dwelling]. Give 3b if charged under § 806.01(1)(b), Fla.Stat.
    2. [an institution in which the damage occurred during normal hours of occupancy]. [an institution where persons normally are present]. Give 3c if charged under § 806.01(1)(c), Fla.Stat.
    3. [a structure]. Give only if charged under § 806.01(1)(c), Fla.Stat.
    4. The defendant knew or had reasonable grounds to believe the (structure alleged) was occupied by a human being.

Definition. Give if applicable. § 806.01(3), Fla. Stat.
"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 the crime that was the object of the burglary.

ARSON — SECOND DEGREE

To prove the crime of Arson — Second Degree, the State must prove the following three elements beyond a reasonable doubt :

  1. (Defendant) [caused to be damaged] [damaged] a (structure alleged), owned by the defendant or another, by [explosion] [fire]. Give 2a or 2b.
    1. The damage was done willfully and unlawfully.
    2. The damage was caused while defendant was engaged in the commission of (felony alleged).
  3. The (structure alleged) is a structure.

Definition. § 806.01(3), Fla.Stat. "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 the crime that was the object of the burglary.

ARSON — FIRE BOMB

To prove the crime of (crime charged), the State must prove the following two elements beyond a reasonable doubt :

  1. (Defendant)
    1. [manufactured]
    2. [possessed]
    3. [gave to (person alleged)]
    4. [loaned to (person alleged)]
    5. [offered for sale to (person alleged)]
    6. [sold to (person alleged)]
    7. [transferred to (person alleged)]
    8. [transported]
    9. [disposed of]
    10. [offered to (person alleged)]
    a fire bomb.
  2. At the time, (defendant) intended that the fire bomb would be willfully and unlawfully used to damage by [fire] [explosion] any structure or property.

Definitions

A "fire bomb" is a container containing flammable liquid, or combustible liquid, or any incendiary chemical mixture or compound, having a wick or similar device capable of being ignited or other means capable of causing ignition; but no device commercially manufactured primarily for the purpose of illumination, heating, or cooking shall be deemed to be such a fire bomb.

"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.