ARSON IN THE THIRD DEGREE
(INSURANCE, SECTION 1403(B)) - 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 building(s)/property/chattels;
Fourth, which was/were insured at the time of the commission of the alleged offense;
Fifth, with intent to defraud/injure an insurer;
Sixth, caused/aided/counseled/procured by the defendant.
Statutory Authority: 21 O.S. Supp. 2000, § 1403(B).
Section 1403(B) creates an additional crime when the person who commits arson does so with a specific intent to injure or defraud an insurance company. Except for the fourth and fifth elements, the crime has the same basic general elements as the other arson crimes.
It should be noted that the punishment in section 1403(B) is less severe than the punishment in sections 1401 and 1402. This section covers the burning of any property irrespective of its value.