Title 18 of the Federal Statutory Code §81 defines arson within special maritime and territorial jurisdictions as follows:
Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously sets fire to or burns any building, structure or vessel, any machinery or building materials or supplies, military or naval stores, munitions of war, or any structural aids or appliances for navigation or shipping, or attempts or conspires to do such an act, shall be imprisoned for not more than 25 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed, or both. If the building be a dwelling or if the life of any person be placed in jeopardy, he shall be fined under this title or imprisoned for any term of years or for life, or both.
Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously sets fire to or burns any building, structure or vessel, any machinery or building materials or supplies, military or naval stores, munitions of war, or any structural aids or appliances for navigation or shipping, or attempts or conspires to do such an act, shall be imprisoned for not more than 25 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed, or both. If the building be a dwelling or if the life of any person be placed in jeopardy, he shall be fined under this title or imprisoned for any term of years or for life, or both.
The Federal Criminal Jury Instructions in 23.03 state as follows:
In order to sustain its burden of proof for the crime of arson within the special maritime or territorial jurisdiction of the United States as charged in Count of the indictment, the government must prove the following three (3) essential elements beyond a reasonable doubt:
[Three:] [That the building was a dwelling.] [That the fire placed the life of in jeopardy.]
[Three:] [Four:] In setting the fire...
As per 23.04 of the Federal Criminal Jury Instructions, the term "special maritime and territorial jurisdiction of the United States" as used in these instructions means:
The high seas or other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of a particular state and any vessel belonging, in whole or in part, to the United States or any citizen thereof including any vessel registered, licensed or enrolled under the laws of the United States and being on a voyage on the waters of any of the Great Lakes or any of the waters upon the St. Lawrence seaway.
The term also includes lands reserved or acquired for the use of the United States and under the exclusive or concurrent jurisdiction of the United States.
The Federal Jury Instructions go on in 23.05 to define "willfully and maliciously" as follows:
As used in these instructions, the term "willfully and maliciously" means either to knowingly set fire to or knowingly burn a building, structure, vessel or machinery deliberately and intentionally ["on purpose"], or to act with the knowledge that burning a building, structure, vessel or machinery is practically certain to result.
Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously sets fire to or burns any building, structure or vessel, any machinery or building materials or supplies, military or naval stores, munitions of war, or any structural aids or appliances for navigation or shipping, or attempts or conspires to do such an act, shall be imprisoned for not more than 25 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed, or both. If the building be a dwelling or if the life of any person be placed in jeopardy, he shall be fined under this title or imprisoned for any term of years or for life, or both.
Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously sets fire to or burns any building, structure or vessel, any machinery or building materials or supplies, military or naval stores, munitions of war, or any structural aids or appliances for navigation or shipping, or attempts or conspires to do such an act, shall be imprisoned for not more than 25 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed, or both. If the building be a dwelling or if the life of any person be placed in jeopardy, he shall be fined under this title or imprisoned for any term of years or for life, or both.
The Federal Criminal Jury Instructions in 23.03 state as follows:
In order to sustain its burden of proof for the crime of arson within the special maritime or territorial jurisdiction of the United States as charged in Count of the indictment, the government must prove the following three (3) essential elements beyond a reasonable doubt:
- Defendant [attempted to set fire][set fire] to or burned a building, structure, vessel or machinery;
- That building, structure, vessel or machinery was within the special maritime or territorial jurisdiction of the United States; and,
- In setting the fire or in burning the building, structure, vessel or machinery, Defendant acted willfully and maliciously.
[Three:] [That the building was a dwelling.] [That the fire placed the life of in jeopardy.]
[Three:] [Four:] In setting the fire...
As per 23.04 of the Federal Criminal Jury Instructions, the term "special maritime and territorial jurisdiction of the United States" as used in these instructions means:
The high seas or other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of a particular state and any vessel belonging, in whole or in part, to the United States or any citizen thereof including any vessel registered, licensed or enrolled under the laws of the United States and being on a voyage on the waters of any of the Great Lakes or any of the waters upon the St. Lawrence seaway.
The term also includes lands reserved or acquired for the use of the United States and under the exclusive or concurrent jurisdiction of the United States.
The Federal Jury Instructions go on in 23.05 to define "willfully and maliciously" as follows:
As used in these instructions, the term "willfully and maliciously" means either to knowingly set fire to or knowingly burn a building, structure, vessel or machinery deliberately and intentionally ["on purpose"], or to act with the knowledge that burning a building, structure, vessel or machinery is practically certain to result.
