SERIES 1500 ARSON
F 1500 Aggravated Arson (PC 451.5)
TABLE OF CONTENTS
F 1500.1 Titles And Identification Of Parties
F 1500.1 Inst 1 Aggravated Arson—Title
F 1500.1 Inst 2 Identification Of Prosecution And Defendant
F 1500.2 Aggravated Arson—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1500.3 Aggravated Arson—Language That Is Argumentative, Confusing, Etc.
F 1500.3 Inst 1 Willfully: Argumentative
F 1500.4 Aggravated Arson—Burden Of Proof Issues
F 1500.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1500.5 Aggravated Arson—Elements And Definitions
F 1500.5 Inst 1 Separate Enumeration Of Combined Elements; Concurrence Of Act And Intent; Tailoring To Facts
F 1500.5 Inst 2 Willfully: Knowledge
F 1500.5 Inst 3 Incorporation Of Intent Definitions Into Enumerated Elements
F 1500.5 Inst 4 Incorporation Of Definitions: “Inhabited Dwelling” And “Structures”
F 1500.6 Aggravated Arson—Defense Theories [Reserved]
F 1500.7 Aggravated Arson—Preliminary Fact Issues [Reserved]
F 1500.8 Aggravated Arson—Unanimity/Duplicity/Multiplicity [Reserved]
F 1500.9 Aggravated Arson—Lesser Offense Issues [Reserved]
F 1500 Notes
F 1500 Note 1 Aggravated Arson—CALCRIM Cross-References And Research Notes
Return to Series 1500 Table of Contents.
F 1500.1 Titles And Identification Of Parties
F 1500.1 Inst 1 Aggravated Arson—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1500.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 1500.2 Aggravated Arson—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1500.3 Aggravated Arson—Language That Is Argumentative, Confusing, Etc.
F 1500.3 Inst 1 Willfully: Argumentative
See FORECITE F 820.3 Inst 1.
F 1500.4 Aggravated Arson—Burden Of Proof Issues
F 1500.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1500.5 Aggravated Arson—Elements And Definitions
F 1500.5 Inst 1 Separate Enumeration Of Combined Elements; Concurrence Of Act And Intent; Tailoring To Facts
*Modify CC 1500, Elements 1 and 2, as follows [added language is underlined; deleted language is stricken]:
1. The defendant acted committed the arson:
A. Willfully, ;
AND
B. Maliciously, ;
AND
C. Deliberately, ;
and
D. With premeditation;
[AND]
2. The defendant acted committed the arson with intent to:
A. Injure [one or more persons] [_______________ <name(s) of person(s) defendant allegedly intended to injure>], ;
[or]
B. To damage property under circumstances likely to injure one or more persons, or to damage [one or more] structures or inhabited dwellings [_______________ <specify structure(s) or inhabited dwelling(s) defendant allegedly intended to damage>](;/.)
Points and Authorities
Tailoring To Facts—People And Place: See FORECITE F 400.2 Inst 1.
Tailoring To Facts—Prosecution Theories: See FORECITE F 400.2 Inst 1.
Separate Enumeration Of Elements: See FORECITE F 3500.2 Inst 1.
F 1500.5 Inst 2 Willfully: Knowledge
See FORECITE F 820.5 Inst 1.
F 1500.5 Inst 3 Incorporation Of Intent Definitions Into Enumerated Elements
*Replace CC 1500, Element 1, with the following:
1. The defendant committed the arson:
A. (He/She) did so willingly or on purpose;
AND
B. (He/She) did so intentionally or with the unlawful intent to disturb, defraud, annoy, or injure someone else;
AND
C. (He/She) carefully weighed the considerations for and against (his/her) choice and, knowing the consequences, decided to commit the arson;
AND
D. (He/She) decided to commit the arson before committing the act that caused the arson;
[Delete paragraphs 3, 4, and 5.]
Points and Authorities
See FORECITE F 417.5 Inst 2.
F 1500.5 Inst 4 Incorporation Of Definitions: “Inhabited Dwelling” And “Structures”
*Modify CC 1500, Element 2 and 3B, as follows [added language is underlined; deleted language is stricken]:
[Change “inhabited dwelling” to “(structure/garage/office/________ )“]
[Change “structures” and “inhabited structures” to “(building/bridge/tunnel/ power plant/commercial or public tent)“]
[Delete paragraph 10.]
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
CALCRIM 1500 Omits Any Definition Of Structure—See CALCRIM 1501 for definition of structure.
Definition Should Be Incorporated In Enumerated Elements—See FORECITE F 417.5 Inst 2.
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 1500.6 Aggravated Arson—Defense Theories [Reserved]
F 1500.7 Aggravated Arson—Preliminary Fact Issues [Reserved]
F 1500.8 Aggravated Arson—Unanimity/Duplicity/Multiplicity [Reserved]
F 1500.9 Aggravated Arson—Lesser Offense Issues [Reserved]
F 1500 NOTES
F 1500 Note 1 Aggravated Arson—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
CALCRIM 1501 [Arson: Great Bodily Injury]
CALCRIM 1502 [Arson: Inhabited Structure]
Research Notes:
See CLARAWEB Forum, Arson—Series 1500.
