SERIES 1500 ARSON
F 1530 Unlawfully Causing A Fire: Great Bodily Injury (PC 452)
TABLE OF CONTENTS
F 1530.1 Titles And Identification Of Parties
F 1530.1 Inst 1 Unlawfully Causing A Fire: Great Bodily Injury—Title
F 1530.1 Inst 2 Identification Of Prosecution And Defendant
F 1530.2 Unlawfully Causing A Fire: Great Bodily Injury—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1530.3 Unlawfully Causing A Fire: Great Bodily Injury—Language That Is Argumentative, Confusing, Etc.
F 1530.3 Inst 1 Deletion Of Duplicative Language
F 1530.4 Unlawfully Causing A Fire: Great Bodily Injury—Burden Of Proof Issues
F 1530.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1530.5 Unlawfully Causing A Fire: Great Bodily Injury—Elements And Definitions
F 1530.5 Inst 1 Causation
F 1530.5 Inst 2 (a & b) Incorporation Of Intent Definitions Into Enumerated Elements
F 1530.5 Inst 3 Incorporation Of Definition Of “Burned”
F 1530.5 Inst 4 (a & b) Objective Reasonableness: Circumstances As They Were Known By And Appeared To The Defendant
F 1530.5 Inst 5 Arson—Burning Of Other Person’s Property As Element
F 1530.5 Inst 6 Incorporation Of Definitions: “Structure,” “Forest Land” And “Property”
F 1530.6 Unlawfully Causing A Fire: Great Bodily Injury—Defense Theories
F 1530.6 Inst 1 Property Of Another: Pinpoint Instruction
F 1530.7 Unlawfully Causing A Fire: Great Bodily Injury—Preliminary Fact Issues [Reserved]
F 1530.8 Unlawfully Causing A Fire: Great Bodily Injury—Unanimity/Duplicity/Multiplicity [Reserved]
F 1530.9 Unlawfully Causing A Fire: Great Bodily Injury—Lesser Offense Issues [Reserved]
NOTES
F 1530 Note 1 Prosecution Theory That Defendant Caused The Fire: Duty To Instruct On Aiding And Abetting
Return to Series 1500 Table of Contents.
F 1530.1 Titles And Identification Of Parties
F 1530.1 Inst 1 Unlawfully Causing A Fire: Great Bodily Injury—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1530.1 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 1530.2Unlawfully Causing A Fire: Great Bodily Injury—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1530.3 Unlawfully Causing A Fire: Great Bodily Injury—Language That Is Argumentative, Confusing, Etc.
F 1530.3 Inst 1 Deletion Of Duplicative Language
*Modify CC 1530, paragraph 11, as follows [deleted language is stricken]:
[Arson and unlawfully causing a fire require different mental states. For arson, a person must act willfully and maliciously. For unlawfully causing a fire, a person must act recklessly.]
Points and Authorities
See FORECITE F 416.3 Inst 4.
F 1530.4 Unlawfully Causing A Fire: Great Bodily Injury—Burden Of Proof Issues
F 1530.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1530.5 Unlawfully Causing A Fire: Great Bodily Injury—Elements And Definitions
F 1530.5 Inst 1 Causation
See FORECITE F 1501.5 Inst 2.
F 1530.5 Inst 2 (a & b) Incorporation Of Intent Definitions Into Enumerated Elements
*Modify CC 1530, Element 2, as follows [added language is underlined; deleted language is stricken]:
Alternative a:
2A. When the defendant did so, recklessly;(he/she):
1. Was aware that (his/her) actions present a substantial and unjustifiable risk of causing
a fire;
2. (He/She) ignored that risk, and
3. Ignoring the risk was a gross deviation from what a reasonable person in the defendant’s situation knowing what the defendant knew would have done in the same situation.
OR
2B. When the defendant did so, recklessly;(he/she):
1. Did an act that presents a substantial and unjustifiable risk of causing a fire but
2. (He/She) was unaware of the risk because (he/she) was voluntarily intoxicated because (he/she) willingly used ____________ <specify an intoxicating drink, drug, or other substance> knowing that it could produce an intoxicating effect.
[Delete paragraph 3 [Alternative A] and 4 [Alternative B].]
Alternative b:
2. The defendant did so recklessly; to prove this, the prosecution must prove all of the following beyond a reasonable doubt:
<Alternative A—Recklessness: General Definition>
A. The defendant was aware that his or her actions present a substantial and unjustifiable risk of causing a fire;
AND
B. (He/She) ignored that risk;
AND
C. ignoring the risk was a gross deviation from what a reasonable person would have done in the same situation.
<Alternative B—Recklessness: Voluntary Intoxication>
A. The defendant did an act that presented a substantial and unjustifiable risk of causing a fire;
AND
B. The defendant was unaware of the risk because (he/she) was voluntarily intoxicated;
[Delete paragraph 3 [Alternative A] and 4 [Alternative B].]
Points and Authorities
See FORECITE F 417.5 Inst 2.
Note: Duty to instruct on aiding and abetting – See FORECITE F 1530 Note 1.
F 1530.5 Inst 3 Incorporation Of Definition Of “Burned”
*Modify CC 1530, Element 1, as follows [added language is underlined; deleted language is stricken]:
1. The defendant set fire to[,] [or] burned[,] [or caused the burning of] [damaged with fire] [destroyed with fire] (a structure/forest land/property) _______________ <describe structure, forest land or property>;
[Delete paragraph 5.]
Points and Authorities
See FORECITE F 417.5 Inst 2.
F 1530.5 Inst 4 (a & b) Objective Reasonableness: Circumstances As They Were Known By And Appeared To The Defendant
Alternative a:
*Modify CC 1530, Alternative a, Element 3 [CC 505 adaption]:
[ . . .(3) ignoring the risk is a gross deviation from what a reasonable person would have done in the same situation considering all the circumstances as they were known by and appeared to the defendant.]
Alternative b [reasonableness of conduct] [CC 505/851 Format]:
*Add to CC 1530, Alternative a:
When [deciding, if you can,] [evaluating] whether the defendant’s conduct was a gross deviation from what a reasonable person would have done in the same situation, consider all the circumstances as they were known by and appeared to the defendant. That is, consider what a reasonable person would have done in the [same situation as the defendant] [defendant’s situation] [defendant’s circumstances] with the same knowledge as the defendant.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Known To “And” Appeared To The Defendant—CALCRIM 505 uses “and” while CALCRIM 851 uses “or.” Because the jurors must consider all the circumstances as they appeared to the person being evaluated (see People v. Humphrey (1996) 13 C4th 1073, 1087, “and” is correct.[See also FORECITE F 820.5 Inst 3.]
Situation vs. Position vs. Circumstances—See FORECITE F 820.5 Inst 3.
Same vs. Similar—See FORECITE F 820.5 Inst 3.
“Would Have Appeared”—The change in tense is necessary to keep sentence 2 from CALCRIM 505 consistent with sentence 1.
Delete “Established By The Evidence”—See FORECITE F 402.5 Inst 1.
“If You Can”—See FORECITE F 100.7 inst 1.
Use Of The Term “Defendant”— The defense requests that the defendant be referred to by name throughout this trial and in the jury instructions. [See CALCRIM Motion Bank # CCM-005.] By using the term “defendant” in this instructional request, the defense does not withdraw the request.
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 1530.5 Inst 5 Arson—Burning Of Other Person’s Property As Element
See FORECITE F 1515.5 Inst 1.
For pinpoint instruction on this element, see FORECITE F 1515.6 Inst 1.
F 1530.5 Inst 6 Incorporation Of Definitions: “Structure,” “Forest Land” And “Property”
See FORECITE F 1501.5 Inst 3.
F 1530.6 Unlawfully Causing A Fire: Great Bodily Injury—Defense Theories
F 1530.6 Inst 1 Property Of Another: Pinpoint Instruction
See FORECITE F 1515.6 Inst 1.
F 1530.7 Unlawfully Causing A Fire: Great Bodily Injury—Preliminary Fact Issues[Reserved]
F 1530.8 Unlawfully Causing A Fire: Great Bodily Injury—Unanimity/Duplicity/Multiplicity[Reserved]
F 1530.9 Unlawfully Causing A Fire: Great Bodily Injury—Lesser Offense Issues[Reserved]
F 1530 NOTES
F 1530 Note 1 Prosecution Theory That Defendant Caused The Fire: Duty To Instruct On Aiding And Abetting
See People v. Sarkis (1990) 222 CA3d 23, 28; see also CC Bench Notes.