ARSON IN THE THIRD DEGREE (1403(A)) - ELEMENTS
No person may be convicted of arson in the third 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/substance);
Third, any real or personal property valued at $50 or more;
Fourth, caused/aided/counseled/procured by the defendant.
Statutory Authority: 21 O.S. Supp. 2000, § 1403(A).
Third-degree arson as set forth in section 1403(A) differs from the first and second degrees of arson because the statute protects any real or personal property with a value of $50 or more, whereas the first- and second-degree arson statutes protect structures and buildings. The elements of third-degree arson are otherwise identical to the elements of first- and second-degree arson. Third-degree arson under 21 O.S. 1991, § 1403(A), may be a lesser included offense of first- and second-degree arson.