12.5 BURNING TO DEFRAUD INSURER

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
12.5
Statute
§ 817.233, 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 Burning to Defraud an Insurer, the State must prove the following four elements beyond a reasonable doubt:

1. (Defendant)

[set fire to]

[burned]

[attempted to set fire to]

[attempted to burn]

[caused to be burned]

[aided, counseled, or procured the burning of]

(building, structure, or personal property alleged).

2. The property belonged to (person alleged).

3. The property was insured against loss or damage by fire.

4. (Defendant) acted willfully and with a fully-formed, conscious intent to injure or defraud the insurer of the property.

Lesser-included offenses

As the instruction lists them, word for word.

BURNING TO DEFRAUD INSURER — 817.233

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
None
Attempt777.04(1)5.1

Related practice page

Arson Defense in Miami

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.

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