OUJI-CR 5-5

ARSON IN THE SECOND DEGREE -

UNINHABITED OR UNOCCUPIED DEFINED

A building or structure is deemed to be unoccupied if it contains no persons at the time of the alleged crime. A building or structure is deemed to be uninhabited if no part of the building or structure is normally used by any person for lodging.

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Statutory Authority: 21 O.S. Supp. 2000, § 1402.

Notes on Use

This instruction must be given in every prosecution for arson in the second degree.

Committee Comments

Second-degree arson differs from first-degree arson solely in the type of structure protected. First-degree arson is limited to inhabited or occupied buildings and structures and related contents. The second-degree arson statute protects any unoccupied or uninhabited structure as well as its contents. The elements are identical to first-degree arson except for the fourth element.

(2000 Supp.)