CALCRIM (Jury Instructions) Section 1502. AUTHORITY • Elements. Pen. Code, § 451(b). • Inhabited Defined. Pen. Code, § 450; People v. Jones (1988) 199 Cal.App.3d
CALCRIM (Jury Instructions) § 1502
AUTHORITY
•
Elements. Pen. Code, § 451(b).
•
Inhabited Defined. Pen. Code, § 450; People v. Jones (1988) 199 Cal.App.3d 543
[245 Cal.Rptr. 85].
•
Inhabitant Must Be Alive at Time of Arson. People v. Vang (2016) 1 Cal.App.5th
377, 382–387 [204 Cal.Rptr.3d 455].
•
Structure and Maliciously Defined. Pen. Code, § 450.
•
To Burn Defined. People v. Haggerty (1873) 46 Cal. 354, 355; In re Jesse L.
(1990) 221 Cal.App.3d 161, 166–167 [270 Cal.Rptr. 389].
LESSER INCLUDED OFFENSES
•
Arson. Pen. Code, § 451.
•
Attempted Arson. Pen. Code, § 455.
•
Unlawfully Causing a Fire. People v. Hooper (1986) 181 Cal.App.3d 1174, 1182
[226 Cal.Rptr. 810], disapproved of in People v. Barton (1995) 12 Cal.4th 186
[47 Cal.Rptr.2d 569, 906 P.2d 531] on its holding that failure to instruct on this
crime as a lesser included offense of arson was invited error because defense
counsel objected to such instruction; People v. Schwartz (1992) 2 Cal.App.4th
1319, 1324 [3 Cal.Rptr.2d 816].
RELATED ISSUES
Inhabited Apartment
Defendant’s conviction for arson of an inhabited structure was proper where he set
fire to his estranged wife’s apartment several days after she had vacated it. Although
his wife’s apartment was not occupied, it was in a large apartment building where
many people lived; it was, therefore, occupied for purposes of the arson statute.
(People v. Green (1983) 146 Cal.App.3d 369, 378–379 [194 Cal.Rptr. 128].)
Dual Convictions Prohibited
A single act of arson cannot result in convictions under different subdivisions of
Penal Code section 451. (People v. Shiga (2019) 34 Cal.App.5th 466, 475 [246
Cal.Rptr.3d 198].)
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, §§ 268–276.
5 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 91,
Sentencing, § 91.47[1] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143, Crimes
Against Property, § 143.11 (Matthew Bender).
1503–1514.
Reserved for Future Use
ARSON
CALCRIM No. 1502
1085
This section of the CALCRIM (Jury Instructions) establishes legal requirements and provisions that apply to specific circumstances in California law.
This section applies when the specific conditions outlined in the statute are met. The exact applicability depends on the facts of each situation.
Penalties vary based on the specific violation and circumstances. They may include fines, imprisonment, or other legal consequences as specified in the California code.
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In simple terms: CALCRIM (Jury Instructions) Section 1502. AUTHORITY • Elements. Pen. Code, § 451(b). • Inhabited Defined. Pen. Code, § 450; People v. Jones (1988) 199 Cal.App.3d. This means people must follow this rule, and breaking it can lead to criminal penalties.