DE · jury_instructions
Del. P.J.I. Crim. No. 11.803(a)
Arson in the First Degree
ARSON IN THE FIRST DEGREE
In order to find Defendant guilty of Arson in the First Degree, you must find
the State has proved the following four (4) elements beyond a reasonable doubt:
(1) Defendant [started a fire/caused an explosion];
(2) Defendant damaged a building as the result of the [fire/explosion];
(3) Defendant knew another person, not an accomplice, was present in the
building at that time; and
(4) Defendant acted intentionally.
"Building" is defined as any structure, vehicle or watercraft. Where a building
consists of two or more units separately secured or occupied, each unit is considered a
separate building.
“Intentionally” means it was Defendant’s conscious objective or purpose to
damage a building by [starting a fire/causing an explosion].
“Knowingly” means Defendant was aware that another person, not an
accomplice, was present in the building at that time, or that circumstances existed
which made it reasonably possible another person, not an accomplice, was present in
the building at that time. The State is not required to prove Defendant wanted or
intended to injure anyone.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
657f80e78f042c7aa1909801cbf0d5504a498bd79ced3009bcd87ba28fc703bc
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