Arson

Background

Black’s Law Dictionary defines arson as the, “intentional and wrongful burning of someone else’s property (as to destroy a building) or one’s own property (as to fraudulently collect insurance).” It then goes on to state that in common law, it was the malicious burning of someone else’s dwelling house or outhouse that is either appurtenant to the dwelling house or within the curtilage. Aggravated assault, a harsher offense, is outlined in the dictionary as, “arson accompanied by some aggravating factor, as when the offender foresees or anticipates that one or more persons will be in or near the property being burned."

An Indiana Court of Appeals expanded the definition and found that smoke and soot damage are enough to support a conviction for arson. Thus an arsonist can be charged for the damage that the smoke and soot create on top of, or instead of, the damage that the fire creates.

Model Penal Code

The Model Penal Code (MPC) § 220.1 outlines offenses constituting arson as well as related offenses to arson:

1. A person is guilty of arson, a felony of the second degree, if he starts a fire or causes an explosion with the purpose of:

• destroying a building or occupied structure of another or
• destroying or damaging any property whether his own or anothers to collect insurance for such loss.

2. Reckless Burning or Exploding: a person commits a felony of the third degree if he purposely starts a fire or causes an explosion whether on his own property or anothers, and thereby recklessly:

• places another person in danger of death or bodily injury; or
• places a building or occupied structure of another in danger or damage or destruction.

Various Jurisdictions

California

The California Penal Code gives an extensive explanation of arson, as seen by its clarification in three different sections. Section 451 generally defines arson as when one maliciously or willfully sets fire to, burns, or causes to be burned any structure, property, or forestland. Punishments for this section are as follows:

• Arson that causes great bodily injury is a felony punishable by imprisonment in the state prison for five, seven, or nine years.
• Arson that causes an inhabited structure or inhabited property to burn is a felony punishable by imprisonment in the state prison for three, five, or eight years.
• Arson of a structure or forest land is a felony punishable by imprisonment in the state prison for two, four, or six years.

Section 451.5 addresses aggravated arson; it states that any person who deliberately, with premeditation, and with the intent to cause injury to one or more persons, sets fire to or aids in the burning of any structure, property, or forest land is guilty of aggravated arson if one or more of the following aggravated factors exists:

• The defendant has been previously convicted of arson on one or more occasions within the past 10 years.
• The fire caused property damage and other losses in excess of six million five hundred thousand dollars ($6,500,000).
• The fire caused damage to, or the destruction of, five or more inhabited structures.

Section 452 is the third component and it discusses reckless arson, which states that a person is guilty of unlawfully causing a fire when he recklessly sets fire to or burns or causes to be burned, any structure, forest land or property.

Illinois

The Illinois Compiled Statutes (ILCS) chapter 720, section 5, article 20-1 states that, a person commits arson when, by means of fire or explosive, he knowingly:

• Damages any real property, or any personal property having a value of $150 or more of another
• with intent to defraud an insurer, damages any property, or any personal property having a value of $150 or more.
• arson is a class 2 felony (3-7 years in prison)

Section 20-1.1 of the ILCS states that one commits aggravated arson when, in the course of committing arson he knowingly damages any building or structure and:

• he knows or reasonably should know that one or more person are present
• any person suffer great bodily harm, or personal disability or disfigurement as a result of the fire or explosion or
• a fireman or policeman acting in the line of duty is injured
• Aggravated arson is a class X felony, punishable by 6-30 years in prison.