Question No. 1: Neither the TDCAA Charging Manual nor the Jury Charge Bank indicate that sec. 6.02(a) applies to an offense under sec. 28.02(a), PC. Presumably this is because the definition of the offense prescribes its own culpable mental state in accordance with sec. 6.02(b), i.e. "intent to destroy or damage" the subject of the fire and knowledge of a surrounding circumstance, e.g. habitation is located on property belonging to another. But Greer, 882 S.W.2d 24 at least implies that the State must also allege and prove the fire was intentionally or knowingly started. Anyone know for sure?

Question No. 2: After re-reading Chip Wilkinson's article in The Prosecutor, Sept. 2002, I have come to the conclusion that the proper way to submit the mental states to the jury would be as follows:

"The following definition applies to the mental state in causing damage to the habitation:
A person acts 'intentionally' or with intent, with respect to a result of his conduct when it is his conscious objective or desrie to cause the result.

The following definition applies to the mental state in knowing the habitation was located on property belonging to another:
A person acts 'knowingly' or with knowledge, with respect to circumstances surrounding the conduct when he is aware the circumstances exist."

Note: this is not the submission suggested in the Jury Charge Bank.

I remain unclear whether arson could not also be classified as a "nature of conduct" crime, since the conduct is punishable "regardless of whether the fire continues after ignition". This sounds a lot like it actually punishes specific conduct and not necessarily a specific result, as Chip states is true of assault by threat and gambling.

I guess I understand the idea that submitting the full statutory definition might enable the jury to find liability on the basis of a conduct element that is not part of the charged offense, but this whole area of the law seems overly confusing to me, and I just have to doubt the definition given will ever play much of a role in the jury's deliberations. In any event, anyone know for sure how to submit the offense of arson to the jury?