CALCRIM No. 1550

The defendant is charged [in Count] with possessing an

incendiary device or flammable material [in violation of Penal Code

section 453].

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

prove that:

1. The defendant (possessed/made/manufactured/disposed of)

flammable or combustible material or an incendiary device in an

arrangement or preparation;

AND

2. The defendant willfully and maliciously intended to use the

material or device to set fire to or burn (a structure/forest land/

property).

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.

Incendiary device means a device constructed or designed to start an

incendiary fire by instant, remote or delayed means. [It is not a device

commercially manufactured primarily for illumination.]

Incendiary fire means a fire deliberately ignited under circumstances in

which a person knows that the fire should not be ignited.

[Dispose of means to give, give away, offer, offer for sale, sell, transfer, or

loan.]

[A structure means any (building/bridge/tunnel/power plant/commercial

or public tent).]

[Forest land means any brush-covered land, cut-over land, forest,

grasslands, or woods.]

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

[Two or more people may possess something at the same time.]

[A person does not have to actually hold or touch something to possess

it. It is enough if the person has (control over it/ [or] the right to control

it), either personally or through another person.]

New January 2006; Revised February 2012