The state accuses the defendant of having committed the offense of arson.

Relevant Statutes

A person commits the offense of arson if the person [intentionally/knowingly/recklessly] [starts a fire, regardless of whether the fire continues after ignition/causes an explosion], with intent to destroy or damage any building, habitation, or vehicle, knowing that it is within the limits of an incorporated city or town.

Definitions

Intentionally [Start a Fire/Cause an Explosion]

A person intentionally [starts a fire/causes an explosion] when the person has the conscious objective or desire to [start the fire/cause an explosion].

Knowingly [Start a Fire/Cause an Explosion]

A person knowingly [starts a fire/causes an explosion] when the person is aware that he is [starting the fire/causing an explosion].

Recklessly [Start a Fire/Cause an Explosion]

A person recklessly [starts a fire/causes an explosion] when the person is aware of but consciously disregards a substantial and unjustifiable risk that the person is [starting the fire/causing an explosion].

With Intent to Destroy or Damage

A person intends to destroy or damage any [building/habitation/vehicle] when it is the person’s conscious objective or desire to destroy or damage such [building/habitation/vehicle].

Bodily Injury

“Bodily injury” means physical pain, illness, or any impairment of physical condition.

Building

“Building” means any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.

Habitation

“Habitation” means a structure or vehicle that is adapted for the overnight accommodation of persons.

If a structure or vehicle is a habitation, each separately secured or occupied portion of the structure or vehicle is also a habitation.

Habitation also includes, in addition to a structure or vehicle itself adapted for the overnight accommodation of persons—

1. each structure connected with the adapted structure or vehicle; and
2. each structure near and related to the use and enjoyment of the adapted structure.

Property

“Property” means real property; tangible or intangible personal property, including anything severed from land; or a document, including money, that represents or embodies anything of value.

Vehicle

“Vehicle” includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, [three/four] elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], [intentionally/knowingly/recklessly] [started a fire/caused an explosion] [insert specific allegations, e.g., by lighting a match and throwing it on scrub brush]; and
2. the defendant [started the fire/caused the explosion] with the intent to destroy or damage a [building/habitation/vehicle] [at/a] [insert specific address of building or habitation or description of vehicle]; and
3. the defendant knew that the [building/habitation/vehicle] was within the limits of an incorporated city or town [./; and]

[Include the following element if pleaded.]

4. [name] suffered bodily injury in the form of [describe injury] by reason of the arson.

[or]

4. [name] died by reason of the arson.

[or]

4. the property the defendant intended to damage or destroy, [describe property], was a habitation.

[or]

4. the property the defendant intended to damage or destroy, [describe property], was a place of assembly or worship.

You must all agree on elements 1, 2, [and 3/3, and 1] listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1, 2, [and 3/3, and 1] listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the [three/four] elements listed above, you must find the defendant “guilty.”

[Include the following if a defense to Texas Penal Code section 28.02(a)(2)(A) has been submitted to the jury under Texas Penal Code section 28.02(c).]

If you all agree the state has proved, beyond a reasonable doubt, each of the [three/four] elements listed above, you must next consider whether the defendant is not guilty because of the defense of obtaining [a permit/written authorization].

Defense of Obtaining a Permit

It is a defense to the offense of arson that before [starting the fire/causing the explosion] a person obtained a permit or other written authorization granted in accordance with a city ordinance, if any, regulating fires and explosions.

Burden of Proof

The defendant is not required to prove the defense of obtaining a permit. Rather, the state must prove, beyond a reasonable doubt, that the defense does not apply.

Application of Law to Facts

To decide the issue of obtaining [a permit/written authorization], you must determine whether the state has proved, beyond a reasonable doubt, two elements. The elements are that—

1. there is a city ordinance that regulates fires and explosions and grants such [permits/written authorization] in the incorporated town or city listed in the accusation; and
2. before [starting the fire/causing the explosion] described in the accusation—
   1. the defendant did not obtain [a permit/written authorization]; or
   2. the permit was not granted in accordance with the city ordinance.

You must all agree the state has proved, beyond a reasonable doubt, both elements 1 and 2 listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, either element 1 or 2 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the elements of the offense of arson, and you all agree the state has proved, beyond a reasonable doubt, both elements 1 and 2 listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]