OUJI-CR 5-2

ARSON IN THE FIRST DEGREE - ELEMENTS

No person may be convicted of arson in the first degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, a willful and malicious;

Second, (setting fire to)/burning/(destroying in whole or in part by use of any (explosive device)/accelerant/(ignition device)/ (heat-producing device/substance));

Third, (a building/structure)/(the contents of a building/structure);

Fourth, which was inhabited/occupied by one or more persons;

Fifth, caused/aided/counseled/procured by the defendant.

OR

First, (destroying in whole or part)/(causing to be burned/destroyed)/(aiding/counseling/procuring the burning/destruction of);

Second, (a building/structure)/(the contents of a building/structure);

Third, which was inhabited/occupied by one or more persons;

Fourth, while manufacturing/(attempting/endeavoring to manufacture) [specify controlled dangerous substance listed in 63 O.S. Supp. 2014, § 2-401].

OR

First, willfully and maliciously;

Second, (setting fire to)/burning another person.

OR

First, willfully and maliciously;

Second, causing another person to be burned;

Third, by the use of any (explosive device)/accelerant/(ignition device)/(heat-producing device/substance);.

OR

First, willfully and maliciously;

Second, aiding/counseling/procuring the burning of another person.

OR

First, (causing another person to be burned)/(aiding/counseling/procuring the burning of another person);

Second, while manufacturing/(attempting to manufacture) [specify controlled dangerous substance listed in 63 O.S. Supp. 2014, § 2-401].

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Statutory Authority: 21 O.S. Supp. 2014, § 1401.

2015 SUPPLEMENT