Ch. 228

1993 LAWS OF MARYLAND

(D)     "OCCUPIED STRUCTURE" MEANS A STRUCTURE, OTHER THAN A
DWELLING, IN OR ON WHICH AT THE TIME OF THE OFFENSE ANOTHER INDIVIDUAL
WHO IS NOT A PARTICIPANT IN THE OFFENSE IS PRESENT.

(E)     "STRUCTURE" MEANS A BUILDING, OTHER CONSTRUCTION, VEHICLE, OR
WATERCRAFT, INCLUDING:

(1)      ANY BARN, STABLE, GARAGE, PIER, WHARF, BOATHOUSE, AND ANY
FACILITY ATTACHED TO A PIER OR WHARF;.

(2)      ANY SHOP, STOREHOUSE, WAREHOUSE, FACTORY, MILL, CHURCH
HOUSE OF WORSHIP, MEETING HOUSE, COURTHOUSE, WORKHOUSE; SCHOOL, TENT,
PUBLIC BUILDING, OR PUBLIC BRIDGE; AND

(3)      ANY MOTOR VEHICLE, AIRCRAFT, BOAT, SHIP, AND RAILROAD CAR.

(F)     "WILLFULLY" DESCRIBES AN ACT WHICH IS DONE INTENTIONALLY,
KNOWINGLY, AND PURPOSELY.

COMMITTEE NOTE: The definitions of "dwelling", "structure"; and "occupied
structure" are based primarily on current law in Article 27, §§ 6 and 7.
"Dwelling" and "occupied structure" are defined as particular types of
structures and would be included under the general definition of "structure".
The definition of "structure" (and necessarily of "dwelling" and "occupied,
structure") has been expanded to include certain vehicles and vessels where
the presence of individuals is likely and the potential for loss or injury to
human life from a fire is high. It is further not unusual for these vehicles and
vessels to be adapted for and used as dwellings, such as the cab of a
tractor-trailer and many pleasure boats. The Committee felt that it was
appropriate that these items be afforded the same protections as the more
traditional dwellings.

The definitions of "maliciously" and "willfully". are based on those in
Maryland Criminal Pattern Jury Instructions and Commentary (Maryland
State Bar Association 1991).

[6.                                                                                                                                       

Any person who wilfully and maliciously sets fire to or burns or causes to be burned
or who aids, counsels or procures the burning of any dwelling house, or any kitchen, shop,
barn, stable or other outhouse that is parcel thereof, or belonging to or adjoining thereto,
whether the property of himself, or of another, shall be guilty of arson, and upon
conviction thereof, be sentenced to the penitentiary for not more than thirty years.]

(A) A PERSON MAY NOT WILLFULLY AND MALICIOUSLY SET FIRE TO OR
BURN A DWELLING OR OCCUPIED STRUCTURE, WHETHER THE PROPERTY OF THE
PERSON OR ANOTHER.

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6.