CALCRIM No. 1500

If you find the defendant guilty of arson [as charged in Count[s]

], you must then decide whether[, for each crime of arson,] the

People have proved the additional allegation that the arson was

aggravated. [Y ou must decide whether the People have proved this

allegation for each crime of arson and return a separate finding for each

crime of arson.]

To prove this allegation, the People must prove that:

1. The defendant acted willfully, maliciously, deliberately, and with

premeditation;

2. The defendant acted with intent to injure one or more persons, or

to damage property under circumstances likely to injure one or

more persons, or to damage one or more structures or inhabited

dwellings(;/.)

AND

<Alternative 3A—prior arson conviction(s) within 10 years>

[3A. The defendant was convicted of arson on <insert

date of conviction>. <Repeat for each prior conviction alleged>.]

[OR]

<Alternative 3B—loss exceeding $10.1 million>

[3B. The fire caused property damage and other losses exceeding $10.1

million not including damage to, or destruction of, inhabited

dwellings[, including the cost of fire suppression].]

[OR]

<Alternative 3C—destroyed five or more inhabited structures>

[3C. The fire damaged or destroyed five or more inhabited dwellings.]

Someone commits an act willfully when he or she does it willingly or on

purpose.

Someone acts maliciously when he or she intentionally does a wrongful

act or when he or she acts with the unlawful intent to disturb, defraud,

annoy, or injure someone else.

As used here, someone acts maliciously when he or she intentionally does

a wrongful act under circumstances that the direct, natural, and highly

probable consequences would be the burning of the (structure/ [or]

property) or when he or she acts with the unlawful intent to disturb,

defraud, annoy, or injure someone else.

[The length of time the person spends considering whether to commit

arson does not alone determine whether the arson is deliberate and

premeditated. The amount of time required for deliberation and

premeditation may vary from person to person and according to the

circumstances. A decision to commit arson made rashly, impulsively, or

without careful consideration of the choice and its consequences is not

deliberate and premeditated. On the other hand, a cold, calculated

decision to commit arson can be reached quickly. The test is the extent

of the reflection, not the length of time.]

[A (dwelling/ [or] structure) is inhabited if someone lives there and either

is present or has left but intends to return.]

[A (dwelling/ [or] structure) is inhabited if someone used it as a dwelling

and left only because a natural or other disaster caused him or her to

leave.]

[A (dwelling/ [or] structure) is not inhabited if the former residents have

moved out and do not intend to return, even if some personal property

remains inside.]

[A dwelling includes any (structure/garage/office/ ) that is

attached to the house and functionally connected with it.]

The People have the burden of proving each allegation beyond a

reasonable doubt. If the People have not met this burden, you must find

that the allegation has not been proved.

New January 2006; Revised August 2015, April 2020, March 2024, February 2025