Before someone can be convicted of the crime of arson, the prosecutor must prove 3 things:
- The person charged with arson damaged by means of fire or explosion a structure that was owned by the person charged or by another person.
- a. The damage was done willfully and unlawfully; or
b. The damage was caused while the person charged was committing a felony.
- The structure is a structure as defined by Florida law. Structure is defined as:
- Any building of any kind.
- Any enclosed area with a roof over it.
- Any real property and its appurtenances such as a barn or a house.
- Any tent or other portable building.
- Any vehicle.
- Any vessel.
- Any watercraft.
- Any aircraft.