Before someone can be convicted of the crime of arson, the prosecutor must prove 3 things:

  1. 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.
  2. a. The damage was done willfully and unlawfully; or
    b. The damage was caused while the person charged was committing a felony.
  3. 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.