Conn. Crim. Jury Instr. 9.3-4

The defendant is charged [in count__] with arson in the third degree. The statute defining this

offense reads in pertinent part as follows:

a person is guilty of arson in the third degree when (he/she) recklessly causes

destruction or damage to a building of (his/her) own or of another by intentionally

starting a fire or causing an explosion.

For you to find the defendant guilty of this charge, the state must prove the following elements

beyond a reasonable doubt:

Element 1 - Started or caused fire or explosion

The first element is that the defendant intentionally started or caused a fire or explosion. <See

Intent: General, Instruction 2.3-1.>

To “start” means to commence. To “cause an act to be done” is to bring it about. The fire

started need not be a tremendous one. The mere striking of a match can be the start of a fire.

The fire or explosion must be incendiary in origin. That is, it must not be accidental or caused

by carelessness. In considering whether the fire or explosion was incendiary in origin, you may

rely upon all the facts and circumstances at the time and place of the fire or explosion, as you

find them to have been proved, and may draw any reasonable or logical inferences from such

facts. The mere fact that there was fire or explosion damage to a building does not create an

inference that its origin was incendiary.

Element 2 - Recklessly

The second element is that (he/she) recklessly caused destruction or damage to a building. A

person acts “recklessly” with respect to a result or circumstances when (he/she) is aware of and

consciously disregards a substantial and unjustifiable risk that such result will occur or that such

circumstances exist. <See Recklessness, Instruction 2.3-4.>

The state must prove that the defendant caused destruction or damage to (his/her) own building

or the building of another. “Damage” is injury that lowers the value of the building or that

impairs its usefulness. There must be some damage to the building, regardless of how slight.

Ordinarily, “building” implies a structure that may be entered and used by people, as a residence

or for business, or for other purposes involving occupancy by people, whether or not it is actually

entered and used as such. <Insert one or both of the following parts of the definition as

appropriate:>

• The law has expanded this definition to include, in addition to what we ordinarily know

as a building, any watercraft, aircraft, trailer, sleeping car, railroad car, other structure or

vehicle or any building with a valid certificate of occupancy.

• The statutory definition also provides that where a building consists of separate units,

such as, but not limited to separate apartments, offices or rented rooms, any unit not

occupied by the defendant is, in addition to being a part of such building, a separate

building.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant started a fire

or caused an explosion, 2) that fire or explosion caused destruction or damage to <identify the

building>, and 3) that in doing so, the defendant acted recklessly.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of arson in the third degree, then you shall find the defendant guilty. On the other

hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of

the elements, you shall then find the defendant not guilty.

1 State v. Houle, 105 Conn. App. 813, 818 n.4 (2008) (on the meaning of incendiary); State v.

Gaines, 36 Conn. App. 454, 458-59 (1995) (on the meaning of “causing a fire”).