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SERIES 1500 ARSON

F 1520 Attempted Arson (PC 455)

TABLE OF CONTENTS
F 1520.1 Titles And Identification Of Parties
F 1520.1 Inst 1 Attempted Arson—Title
F 1520.1 Inst 2 Identification Of Prosecution And Defendant

F 1520.2 Attempted Arson—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]

F 1520.3 Attempted Arson—Language That Is Argumentative, Confusing, Etc.
F 1520.3 Inst 1 Deletion Of Argumentative Language Directing Verdict

F 1520.4 Attempted Arson—Burden Of Proof Issues
F 1520.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

F 1520.5 Attempted Arson—Elements And Definitions
F 1520.5 Inst 1 Arson—Attempted Burning Of Other Person’s Property As Element
F 1520.5 Inst 2 Separate Enumeration Of Combined Elements: Willfully And Maliciously
F 1520.5 Inst 3 Causation
F 1520.5 Inst 4 Incorporation Of Definitions: “Structure,” “Forest Land” And “Property”
F 1520.5 Inst 5 Willfully: Knowledge

F 1520.6 Attempted Arson—Defense Theories
F 1520.6 Inst 1 Property Of Another: Pinpoint Instruction

F 1520.7 Attempted Arson—Preliminary Fact Issues [Reserved]

F 1520.8 Attempted Arson—Unanimity/Duplicity/Multiplicity [Reserved]

F 1520.9 Attempted Arson—Lesser Offense Issues [Reserved]

F 1520 Notes
F 1520 Note 1 Attempted Arson—CALCRIM Cross-References And Research Notes
F 1520 Note 2 Attempted Arson Must Be Prosecuted Under PC 455

Return to Series 1500 Table of Contents.


F 1520.1 Titles And Identification Of Parties

F 1520.1 Inst 1 Attempted Arson—Title

See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.


F 1520.1 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 1520.2Attempted Arson—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]


F 1520.3 Attempted Arson—Language That Is Argumentative, Confusing, Etc.

F 1520.3 Inst 1 Deletion Of Argumentative Language Directing Verdict

*Modify CC 1520, paragraph 3, as follows [deleted language is stricken]:

A person attempts to set fire to or burn (a structure/forest land/property) when he or she places any flammable, explosive, or combustible material or device in or around it with the intent to set fire to it.

Points and Authorities

See FORECITE F 416.3 Inst 4.


F 1520.4 Attempted Arson—Burden Of Proof Issues

F 1520.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

See FORECITE F 400.4 Inst 1.


F 1520.5 Attempted Arson—Elements And Definitions

F 1520.5 Inst 1 Arson—Attempted Burning Of Other Person’s Property As Element

See FORECITE F 1515.5 Inst 1.


F 1520.5 Inst 2 Separate Enumeration Of Combined Elements: Willfully And Maliciously

See FORECITE F 1501.5 Inst 1.


F 1520.5 Inst 3 Causation

See FORECITE F 1501.5 Inst 2.


F 1520.5 Inst 4 Incorporation Of Definitions: “Structure,” “Forest Land” And “Property”

See FORECITE F 1501.5 Inst 3.


F 1520.5 Inst 5 Willfully: Knowledge

See FORECITE F 820.5 Inst 1.


F 1520.6 Attempted Arson—Defense Theories

F 1520.6 Inst 1 Property Of Another: Pinpoint Instruction

See FORECITE F 1515.6 Inst 1.


F 1520.7 Attempted Arson—Preliminary Fact Issues [Reserved]


F 1520.8 Attempted Arson—Unanimity/Duplicity/Multiplicity [Reserved]


F 1520.9 Attempted Arson—Lesser Offense Issues [Reserved]


F 1520 NOTES

F 1520 Note 1 Attempted Arson—CALCRIM Cross-References And Research Notes

CALCRIM Cross-References:

Attempts—FORECITE F 1701.2 Inst 1; F 1500.5 Inst 4.

CALCRIM 1500 [Aggravated Arson]
CALCRIM 1501 [Arson: Great Bodily Injury]
CALCRIM 1502 [Arson: Inhabited Structure]
CALCRIM 1515 [Arson]

Research Notes:

See CLARAWEB Forum, Arson—Series 1500.


F 1520 Note 2 Attempted Arson Must Be Prosecuted Under PC 455

In People v. Alberts (1995) 32 CA4th 1424, the court held that attempted arson must be prosecuted under PC 455 which is a specific statute codifying the crime of attempted arson. The defendant may not be charged and sentenced by applying PC 664, the general attempt statute, to PC 451(b).

CALJIC NOTE: See FORECITE F 14.80 n6.

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