Florida/Georgia Personal Injury & Workers Compensation

...or another, under any circumstances not referred to in subsection (1), is guilty of arson in the second degree, which constitutes a felony of the second degree .... The state also charged the defendant with arson resulting in injury to another under section 806.031(2), Florida Statutes (2006), which provides: A person who perpetrates any arson that results in great bodily harm, permanent disability, or permanent disfigurement to a firefighter or any other person, regardless of intent or lack of intent to cause such harm, is guilty of a felony of the second degree.......

...Second-degree arson is a lesser offense of arson resulting in injury to another because the statutory elements of second-degree arson as provided in section 806.01(2) are subsumed by the greater offense of arson resulting in injury to anoth *889 er as provided in section 806.031(2)....

...Comment This instruction was adopted in 1981 and amended in 1992 and 2014. - 39 -  12.9 ARSON RESULTING IN INJURY § 806.031, Fla....

...sonable doubt: Add the following element to the two elements in instruction 12.1 or 12.2, as appropriate, and then read the appropriate definitions. 3. As a result, bodily harm was caused to (victim). Give if applicable. Fla. Stat. § 806.031(2). If you find the defendant guilty of Arson Resulting in Injury, you must then determine whether the State has proven beyond a reasonable doubt that the arson resulted in [great bodily harm] [permanent disability] [or] [permanent disfigurement] to (victim). Lesser Included Offenses ARSON RESULTING IN [GREAT BODILY HARM] [PERMANENT DISABILITY] [PERMANENT DISFIGUREMENT] — 806.031(2) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Arson Resulting in 806.031(1) 12.9 Injury Attempt 777.04(1) 5.1 Comment This instruction was adopted in 2014. - 40 -  14.10 FAILURE TO RETURN [HIRED] [LEASED] PROPERTY § 812.155(3), Fla....