N.C.P.I.—Crim. 215.12

NOTE WELL: N.C. Gen. Stat. § 14-58 divides common

law arson into two degrees: first degree arson for the

burning of an "occupied" dwelling and second degree

arson for the burning of an "unoccupied" dwelling. Use

this instruction when there is evidence that the

defendant burned a house that was used as a home by

someone, but in which no one was present at the time

of the burning.

The defendant has been charged with second degree arson.

For you to find the defendant guilty of this offense, the State must

prove four things beyond a reasonable doubt.

First, that the defendant burned1 (describe structure).

Second, that this (describe structure) was a dwelling house. (A

dwelling house is a house that is inhabited, that is, a house that is the

permanent, temporary or seasonal residence of some person.)2

Third, that this (describe structure) was the dwelling house of

someone other than the defendant.3

And Fourth, that the defendant did so maliciously, that is, that he

intentionally and without justification or excuse

a. [burned the (describe structure)]

b. [burned another structure and that as a proximate result of his

act, the fire spread to the (describe structure)].4

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date the defendant burned (describe structure) and

that this (describe structure) was a dwelling house, and that it was the

dwelling house of some person other than the defendant and that the

defendant) burned

a. [(describe structure) maliciously]

b. [(describe other structure or place) maliciously, and that as a

proximate result of his act, the fire spread to the (describe structure)]

it would be your duty to return a verdict of guilty. If you do not so find,

or have a reasonable doubt as to one or more of these things, it would be

your duty to return a verdict of not guilty.5