SERIES 1500 ARSON
F 1531 Unlawfully Causing A Fire: Inhabited Structure (PC 452)
TABLE OF CONTENTS
F 1531.1 Titles And Identification Of Parties
F 1531.1 Inst 1 Unlawfully Causing A Fire: Inhabited Structure—Title
F 1531.1 Inst 2 Identification Of Prosecution And Defendant
F 1531.2 Unlawfully Causing A Fire: Inhabited Structure—Tailoring To Facts: Persons, Places, Things And Theories
1531.2 Inst 1 Tailoring To Facts; Separate Enumeration Of Combined Elements; Incorporation Of Definition
F 1531.3 Unlawfully Causing A Fire: Inhabited Structure—Language That Is Argumentative, Confusing, Etc.
F 1531.3 Inst 1 Deletion Of Duplicative Language
F 1531.4 Unlawfully Causing A Fire: Inhabited Structure—Burden Of Proof Issues
F 1531.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1531.5 Unlawfully Causing A Fire: Inhabited Structure—Elements And Definitions
F 1531.5 Inst 1 Causation
F 1531.5 Inst 2 Incorporation Of Intent Definitions Into Enumerated Elements
F 1531.5 Inst 3 Incorporation Of Definition Of “Burned”
F 1531.5 Inst 4 Objective Reasonableness
F 1531.5 Inst 5 Arson—Burning Of Other Person’s Property As Element
F 1531.5 Inst 6 Incorporation Of Definitions: “Structure,” “Forest Land” And “Property”
F 1531.6 Unlawfully Causing A Fire: Inhabited Structure—Defense Theories
F 1531.6 Inst 1 Property Of Another: Pinpoint Instruction
F 1531.6 Inst 2 Unlawfully Causing A Fire: Definition Of Inhabited (PC 452)
F 1531.7 Unlawfully Causing A Fire: Inhabited Structure—Preliminary Fact Issues [Reserved]
F 1531.8 Unlawfully Causing A Fire: Inhabited Structure—Unanimity/Duplicity/Multiplicity [Reserved]
F 1531.9 Unlawfully Causing A Fire: Inhabited Structure—Lesser Offense Issues [Reserved]
Return to Series 1500 Table of Contents.
F 1531.1 Titles And Identification Of Parties
F 1531.1 Inst 1 Unlawfully Causing A Fire: Inhabited Structure—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1531.1 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 1531.2Unlawfully Causing A Fire: Inhabited Structure—Tailoring To Facts: Persons, Places, Things And Theories
F 1531.2 Inst 1 Tailoring To Facts; Separate Enumeration Of Combined Elements; Incorporation Of Definition
*Modify CC 1502, Element 3 and add Element 4, as follows [added language is underlined; deleted language is stricken]:
3. The fire burned an inhabited structure. _______________ <specify or describe structure burned>;
AND
4. At the time it burned _______________ <specify or describe structure burned> [someone] _______________ <name of inhabitant> lived there and (was present [or]/ had left but intended to return).
Points and Authorities
See FORECITE F 1502.2 Inst 1.
F 1531.3 Unlawfully Causing A Fire: Inhabited Structure—Language That Is Argumentative, Confusing, Etc.
F 1531.3 Inst 1 Deletion Of Duplicative Language
*Modify CC 1531, 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 1531.4 Unlawfully Causing A Fire: Inhabited Structure—Burden Of Proof Issues
F 1531.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1531.5 Unlawfully Causing A Fire: Inhabited Structure—Elements And Definitions
F 1531.5 Inst 1 Causation
See FORECITE F 1501.5 Inst 2..
F 1531.5 Inst 2 Incorporation Of Intent Definitions Into Enumerated Elements
See FORECITE F 1530.5 Inst 2.
F 1531.5 Inst 3 Incorporation Of Definition Of “Burned”
See FORECITE F 1530.5 Inst 3.
F 1531.5 Inst 4 Objective Reasonableness
See FORECITE F 1530.5 Inst 4.
F 1531.5 Inst 5 Arson—Burning Of Other Person’s Property As Element
See FORECITE F 1500.5 Inst 5.
F 1531.5 Inst 6 Incorporation Of Definitions: “Structure,” “Forest Land” And “Property”
See FORECITE F 1501.5 Inst 6.
F 1531.6 Unlawfully Causing A Fire: Inhabited Structure—Defense Theories
F 1531.6 Inst 1 Property Of Another: Pinpoint Instruction
See FORECITE F 1500.6 Inst 1.
For pinpoint instruction on this element, see FORECITE F 1515.6 Inst 1.
F 1531.6 Inst 2 Unlawfully Causing A Fire: Definition Of Inhabited (PC 452)
See FORECITE F 1502.6 Inst 1.
NOTES
For additional discussion of the term “inhabited” see FORECITE F 1701.2 Inst 1; F 9.03a and FORECITE F 1500.5 Inst 4; F 14.52a.
CALJIC NOTE: See FORECITE F 14.82a.
F 1531.7 Unlawfully Causing A Fire: Inhabited Structure—Preliminary Fact Issues[Reserved]
F 1531.8 Unlawfully Causing A Fire: Inhabited Structure—Unanimity/Duplicity/Multiplicity[Reserved]
F 1531.9 Unlawfully Causing A Fire: Inhabited Structure—Lesser Offense Issues[Reserved]