Ala. Pattern Jury Instr. (Criminal) 13A-7-42(A)

Arson in the Second Degree

(Building)

The defendant is charged with arson in the second degree.

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

building by starting or maintaining a fire or causing an explosion.

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

following elements:

(1) The defendant damaged a building by:

a. Starting or maintaining a fire; (OR)

b. Causing an explosion; (AND)

(2) The defendant did so intentionally.

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 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 destructive

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

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

sudden bursting or breaking up or in pieces fr om an internal or other force. 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)]

[Read if appropriate - Justification]: A person does not commit arson in the second

degree if:

(1) a. No person other than himself/herself has a possessory or

proprietary interest in the building damaged; (OR)

b. All persons with a possesso ry or proprietary interest in the

building damaged consented to the defendant’s conduct; (AND)

(2) The defendant’s sole intent was to destroy or damage the building

for a lawful and proper purpose. [13A-7-42(b)]

The defendant does not have the burden of proving that he/she acted in

justification. To the contrary, once justification becomes an issue, the State has the

burden of proving beyond a reasonable doubt that the defendant did not act in

justification. [13A -7-42(c)]

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

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

the defendant guilty of arson in the second degree.

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

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

defendant guilty of arson in the second degree.

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

offenses at this point.]

[Approved 04-07-15.]