T.P.I. -- CRIM. 13.01

ARSON

            Any person who commits the offense of arson is guilty of a crime.

            For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:¹

            (1)(a) that the defendant, by means of fire or explosion, damaged a place       of worship;

                                                                     or

                (b)  that the defendant, by means of fire or explosion, damaged a

                  structure;

and

            (2)(a) that the defendant did so without the consent of all persons who

                      have a possessory, proprietary or security interest therein;

or

                (b)  that the defendant did so with intent to destroy or damage the

                      [place of worship] [structure] [to collect insurance for the                           damage or destruction] [for any unlawful purpose];

and

            (3)  that the defendant acted knowingly.

            “Place of Worship” means any structure approved or qualified to be

approved, by the State Board of Equalization for property tax exemption

pursuant to Tennessee Code Annotated, Section 67-5-212, based on

ownership and use of the structure by a religious institution; and utilized on a

regular basis by such religious institution as the site of congregational services,

rites or activities communally undertaken for the purpose of worship.

            "Knowingly" means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist.  A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.²

            The requirement of "knowingly" is also established if it is shown that the defendant acted intentionally.³

            "Intentionally" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.⁴

FOOTNOTES

1.         Tenn. Code Ann. § 39-14-301(a).

2.         Tenn. Code Ann. § 39-11-106(a)(20).

3.         Tenn. Code Ann. § 39-11-301(a)(2).

4.         Tenn. Code Ann. § 39-11-106(a)(18).

 COMMENTS

1.   Arson is a Class C felony.  Tenn. Code Ann. § 39-14-301(b)(1).

2.   Arson of a place of worship is a Class B felony.  Tenn.  Code Ann. § 39-14-301(b)(2).