3.304 — ARSON CAUSING INJURY OR DEATH
Violations of "Statute 3.304" results in a Class C Felony
(a) Definitions
Arson causing injury or death is defined as the intentional act of setting fire to property that results in bodily injury or death to individuals.
(b) Elements
To prove arson causing injury or death, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant intentionally set fire to property.
The fire caused bodily injury or death to one or more individuals.
The defendant's actions were the direct cause of the fire.
The property damaged or destroyed by the fire belonged to another person or entity.
(c) Defenses
Defenses to a charge of arson causing injury or death may include, but are not limited to:
Lack of intent: The defendant did not intend to cause bodily injury or death through the fire.
Lack of knowledge: The defendant was not aware that setting fire to the property would result in injury or death.
Alibi: The defendant can provide evidence showing they were not present at the scene of the fire when it occurred.
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