Arson

Arson-Dwelling

The defendant is charged with the crime of arson. Arson is the willful and malicious setting fire to burning of a dwelling. In order to convict the defendant of arson, the State must prove:

(1) that the defendant set fire to or burned at least part of a dwelling; and

(2) that the setting fire to or burning of the dwelling was willful and malicious.

A dwelling is a structure in which some part has been adapted for overnight accommodation of an individual, regardless of whether anyone is present at the time the fire is set to the dwelling. It is not a defense to arson that the defendant owns the property, in whole or part. Burning is the actual combustion or charring by fire. The slightest burning of any of any part of the dwelling is sufficient. Willfully means a person acted intentionally, Knowingly, and purposely. Maliciously means a person acted with the intent to harm others of their property.

Arson-Occupied structure

The defendant is charged with the crime of arson. Arson is the willful and malicious setting fire to or burning of an occupied structure. In order to convict the defendant of arson, the State must prove:

(1) that the defendant set fire to or burned at least part of an occupied structure; and

(2) that the setting fire to or burning of the occupied structure was willful and malicious.

An occupied structure is a structure, other than a dwelling, where another individual, who is not a participant, is present at the time the fire is set or the structure is burned. It is not a defense to arson that the defendant owns the property, in whole or part. Burning is the actual combustion or charring by fire. The slightest burning of any part of the occupied structure is sufficient, Willfully means a person acted intentionally, knowingly, and purposely. Maliciously means a person acted with the intent to harm others or their property.

Arson- Vehicle or other structure

The defendant is charged with crime of arson. Arson is the willful and malicious setting fire to or burning of a [building] [vehicle] [watercraft] [(describe other structure)]. In order to convict the defendant of arson, the State must prove:

(1) that the defendant set fire to or burned at least part of a [building] [vehicle] [watercraft] [(describe other structure)]; and

(2) that the setting fire to or burning of the [building] [vehicle] [watercraft] [(describe other structure)] was willful and malicious.

Burning is the actual combustion or charring by fire. The slightest burning of any part of the [building] [vehicle] [watercraft] [(describe other structure)] is sufficient. Willfully means a person acted intentionally, knowingly, and purposely. Maliciously means a person acted with the intent to harm others or their property. It is a not a defense to arson that the defendant owns the property, in whole or part.

  • If you face one or more of these charges it is crucial to contact a criminal defense lawyer as soon as possible in order to protect your rights.

Source: Maryland Criminal Patern Jury Instruction: 4:00/4:00.1/4:00.2


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