CALCRIM No. 1502

The defendant is charged [in Count] with arson that burned an

(inhabited structure/[or] inhabited property) [in violation of Penal Code

section 451(b)].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant set fire to or burned [or (counseled[,]/ [or]

helped[,]/ [or] caused) the burning of] (a structure/ [or] property);

2. (He/She) acted willfully and maliciously;

AND

3. The fire burned an (inhabited structure/[or] inhabited property).

To set fire to or burn means to damage or destroy with fire either all or

part of something, no matter how small the part.

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 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 defraud,

annoy, or injure someone else.

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

whether or not someone is inside at the time of the fire. An (inhabited

structure/[or] inhabited property) does not include the land on which it

is located.

[Property means personal property or land other than forest land.]

New January 2006; Revised February 2013, August 2016, March 2017, September

2019, April 2020, February 2025