Ala. Pattern Jury Instr. (Criminal) 13A-7-41

Arson in the First Degree

The defendant is charged with arson in the first degree.

A person commits arson in the first degree if he/she intentionally damages a

building by starting or maintaining a fire, or causing an explosion, when another person

is present in the building at the time, and he/she knows that fact or the circumstances

render the presence of another person in the building a reasonable possibility.

To convict, the State must prove beyond a reasonable doubt each of the

following elements:

(1) The defendant damaged a building by either:

a. starting or maintaining a fire; OR

b. causing an explosion;

(2) The defendant did so intentionally;

(3) Another person was present in the building at the time; (AND)

(4) a. The defendant knew of the other person’s presence; OR

b. The circumstances were such as to render the presence of anothe r

person in the building a reasonable possibility.

A person acts intentionally with respect to a result or to conduct when his/her

purpose is to cause that result or to engage in that conduct. [13A -2-2(1)]

A person acts knowingly with respect to conduct or to a circumstance when

he/she is aware that his/her conduct is of that nature or that the circumstance exists.

[13A-2-2(2)]

A building is any structure which may be entered and utilized by persons for

business, public use, lodging or the storage of goods, and includes any vehicle, railway

car, aircraft or watercraft used for the lodging of persons or for carrying on business

therein. [13A-7-40(1)]

[Read if appropriate]: Where a building consists of two or more units separately

secured or occupied, each unit shall not be deemed a separate building. [13A-7-40(1)]

[Read if appropriate]: An explosion is a rapid, sudden and violent expansion of air or

release of energy with resultant pressures that are capable of producing destruc tive

effects on contiguous objects or of destroying life or limb. Explosion includes, but is not

limited to, a sudden and rapid combustion, causing violent expansion of the air, or the

sudden bursting or breaking up or in pieces from an internal or other f orce. It is not

limited to cases caused by combustion of fire, but it may result from dec omposition or

chemical action. [13A-7-40(3)]

If you find from the evidence that the State has proved beyond a reasonable

doubt each of the above elements of arson in the first degree, then you shall find the

defendant guilty of arson in the first degree.

If you find that the State has failed to prove any one or more of the elements of

arson in the first degree beyond a reasonable doubt, then you cannot find the

defendant guilty of arson in the first degree.

[If lesser -included offenses are included, the Court should instruct on those

offenses at this point.]

[Approved 04-07-15.]