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.
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.
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.