12.1 ARSON — FIRST DEGREE
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 12.1
- Statute
- § 806.01(1), Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Arson, the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant) [willfully and unlawfully] [while engaged in the commission of [a felony] [(felony alleged)]] caused a[n] [fire] [explosion].
Give 2a if § 806.01(1)(a), Fla. Stat. is charged.
2. a. A dwelling, whether occupied or not, [or the contents of the dwelling,] was damaged by the [fire] [explosion].
Give 2b if § 806.01(1)(b), Fla. Stat. is charged.
b. A structure, where persons would normally be present at the time of the [fire] [explosion], [or the contents of a structure where persons would normally be present at the time of the [fire] [explosion]], was damaged by the [fire] [explosion].
Give 2c if § 806.01(1)(c), Fla. Stat. is charged.
c. A structure, that (defendant) knew or had reasonable grounds to believe would be occupied by a human being at the time of the [fire] [explosion], was damaged by the [fire] [explosion].
Lesser-included offenses
As the instruction lists them, word for word.
ARSON — 806.01(1)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Arson – second degree | 806.01(2) | 12.2 | |
| Attempt | 777.04(1) | 5.1 | |
| Criminal mischief | 806.13 | 12.4 |
Related practice page
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.