NOTE 1: If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
a. MAXIMUM PUNISHMENT: DD, TF, 10 years, E-1. (Category 2)
b. SAMPLE SPECIFICATION:
In that __________(personal jurisdiction data), did (at/on board—location), on or about __________, willfully and maliciously (burn) (set fire to) (a dwelling) (a barn) (an automobile) (________), with intent to defraud (the insurer thereof, to wit: __________) (__________).
c. ELEMENTS:
(1) That (state the time and place alleged), the accused (burned) (set fire to) certain property, that is: (state the property alleged);
(2) That the act was willful and malicious; and
(3) That such (burning) (setting on fire) was with the intent to defraud (state the name of the person or organization alleged).
d. DEFINITIONS AND OTHER INSTRUCTIONS:
An act is done “willfully” if it is done intentionally or on purpose.
“Maliciously” means deliberately and without justification or excuse. The malice required for the offense does not have to amount to ill will or hostility. It is sufficient if a person deliberately and without justification or excuse burns or sets fire to property with intent to defraud another.
“Intent to defraud” means an intent to obtain an article or thing of value through a misrepresentation and to apply it to one’s own use and benefit or to the use and benefit of another, either temporarily or permanently.
NOTE 2: Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable.