SERIES 1500 ARSON
F 1515 Arson (PC 451)
TABLE OF CONTENTS
F 1515.1 Titles And Identification Of Parties
F 1515.1 Inst 1 Arson—Title
F 1515.1 Inst 2 Identification Of Prosecution And Defendant
F 1515.2 Arson—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1515.3 Arson—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 1515.4 Arson—Burden Of Proof Issues
F 1515.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1515.5 Arson—Elements And Definitions
F 1515.5 Inst 1 Arson—Burning Of Other Person’s Property As Element
F 1515.5 Inst 2 Arson: Burning Of Fixtures (PC 451)
F 1515.5 Inst 3 Separate Enumeration Of Combined Elements: Willfully And Maliciously
F 1515.5 Inst 4 Causation
F 1515.5 Inst 5 Incorporation Of Definitions: “Structure,” “Forest Land” And “Property”
F 1515.5 Inst 6 Willfully: Knowledge
F 1515.6 Arson—Defense Theories
F 1515.6 Inst 1 Property Of Another: Pinpoint Instruction
F 1515.6 Inst 2 Attempted Arson As Defense Theory [CC 3400 Format]
F 1515.7 Arson—Preliminary Fact Issues [Reserved]
F 1515.8 Arson—Unanimity/Duplicity/Multiplicity [Reserved]
F 1515.9 Arson—Lesser Offense Issues [Reserved]
Return to Series 1500 Table of Contents.
F 1515.1 Titles And Identification Of Parties
F 1515.1 Inst 1 Arson—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1515.1 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 1515.2Arson—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1515.3 Arson—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 1515.4 Arson—Burden Of Proof Issues
F 1515.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1515.5 Arson—Elements And Definitions
F 1515.5 Inst 1 Arson—Burning Of Other Person’s Property As Element
*Add as Element 3 to CC 1515, as follows:
3. The _______________ <specify or describe property burned>:
A. Did not belong to the defendant;
OR
B. The defendant burned the _______________ <specify or describe property burned> with intent to defraud;
OR
C. The fire (injured someone else [or]/damaged someone else’s (structure [or]/forest land [or]/property)).
*Delete CC 1515, paragraph 9, which provides:
[A person does not commit arson if the only thing burned is his or her own personal property, unless he or she acts with the intent to defraud, or the fire also injures someone else or someone else’s structure, forest land, or property.]
Points and Authorities
NOTE—For a pinpoint instruction on this element, see FORECITE F 1515.6 Inst 1.
F 1515.5 Inst 2 Arson: Burning Of Fixtures (PC 451)
*Add to CC 1500:
Whether an item of personal property which is burned within a structure has become a fixture — thus making the burning arson — is a question of fact to be determined by the jury from the evidence.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Burning Of Fixture As Jury Question—See People v. Lee (1994) 24 CA4th 1773, 1777.) The test is the following: “‘It must … appear from the nature of the chattel that if used for the purpose for which it was designed it would naturally and necessarily be annexed to and become a permanent and integral part of some realty; in other words, that it would become essential to the ordinary and convenient use of the property to which it was annexed.’ [Citation.]” (Lee, 24 CA4th at 1777.)
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.
CALJIC NOTE: See FORECITE F 14.80b.
F 1515.5 Inst 3 Separate Enumeration Of Combined Elements: Willfully And Maliciously
See FORECITE F 1501.5 Inst 1.
F 1515.5 Inst 4 Causation
See FORECITE F 1501.5 Inst 2.
F 1515.5 Inst 5 Incorporation Of Definitions: “Structure,” “Forest Land” And “Property”
See FORECITE F 1501.5 Inst 3.
F 1515.5 Inst 6 Willfully: Knowledge
See FORECITE F 820.5 Inst 1.
F 1515.6 Arson—Defense Theories
F 1515.6 Inst 1 Property Of Another: Pinpoint Instruction
*Add to CC 1515 [CC 3400 adaption]:
The prosecution must prove that the defendant burned a [___________] which was not his own property. The defendant contends that the only property burned was (his/her) own. However, the defendant does not need to prove that he owned the property. The prosecution must prove that he didn’t. If you have a reasonable doubt about whether the prosecution has met its burden or proving each element beyond a reasonable doubt, including that the property burned did not belong to the defendant, you must find the defendant not guilty.
Points and Authorities
See FORECITE F 315.1.2 Inst 2.
Ownership Of Burned Property As Defense Theory—See FORECITE F 1515.5 Inst 1.
F 1515.6 Inst 2 Attempted Arson As Defense Theory [CC 3400 Format]
*Add to CC 1515:
The prosecution must prove the defendant committed the crime of arson. The defendant contends that (he/she) only committed attempted arson because the building was not burned as that term is defined below. The prosecution must prove all elements of a completed arson including that the building was burned. The defendant does not have to prove that the building was only blackened and not burned.
If you have a reasonable doubt whether the building was burned you must find the defendant guilty of attempted arson and not guilty of completed arson.
[Insert definition of burning. (See FORECITE F 1515 Note 6.).]
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request – [See CALCRIM Motion Bank # CCM-001.]
Right To Instruction Relating Defense Theory To Burden Of Proof – See FORECITE F 315.1.2 Inst 2.
Definition Of “Burning” – See FORECITE F 1515 Note 6.
Identification Of Parties – See FORECITE F 100.2 Note 1.
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 1515.7 Arson—Preliminary Fact Issues [Reserved]
F 1515.8 Arson—Unanimity/Duplicity/Multiplicity [Reserved]
F 1515.9 Arson—Lesser Offense Issues[Reserved]
