arson

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At common law, the malicious burning or exploding of the dwelling house of another, or the burning of a building within the curtilage, the immediate surrounding space, of the dwelling of another.

Modern legislation has extended the definition of arson to include the burning or exploding of commercial and public buildings — such as restaurants and schools — and structures— such as bridges. In many states, the act of burn- ing any insured dwelling, regardless of whether it belongs to another, constitutes arson if it is done with an intent to defraud the insurer. Finally, the common-law rule that the property burned must belong to another person has been completely eliminated by statute in some states.

Elements

The main elements necessary to prove arson are evidence of a burning and evidence that a criminal act caused the fire. The accused must intend to burn a building or other structure. Absent a statutory description of the conduct required for arson, the conduct must be malicious, and not accidental. Malice, however, does not mean ill will. Intentional or outrageously reckless conduct is sufficient to constitute malice. Motive, on the other hand, is not an essential element of arson.

Unless a statute extends the crime to other property, only a house used as a residence, or buildings immediately surrounding it, can be the subject of arson. If a house is vacated, is closed up, or becomes unfit for human habitation, its burning will not constitute arson. A temporary absence from a dwelling will not negate its character as a residence.

Generally, the actual presence of a person within a dwelling at the moment it is burned is not necessary. It may, however, be required for a particular degree of the crime. The fact, and not the knowledge, of human occupancy is what is essential. If a dwelling is burned under the impression that it is uninhabited when people actually live in it, the crime is committed.

Absent a statute to the contrary, a person is innocent of arson if that individual burns his or her own property while living there. The common exception to this rule is the burning of one's own property with an intent to defraud or prejudice the property insurer. In addition, under statutes that punish the burning of a dwelling house without expressly requiring it to be the property of another, a person who burns his or her own property might be guilty of arson. An owner, for purposes of arson, is the person who possesses the house and has the care, control, and management of it. In those states that have maintained the common-law rule that the property burned must belong to another person, an owner who burns his or her house while it is in the possession of a lawful tenant is guilty of arson.

Degrees

In many states arson is divided into degrees, depending sometimes on the value of the property but more commonly on its use and whether the crime was committed in the day or night. A typical statute might make the burning of an inhabited dwelling house at night first-degree arson, the burning of a building close enough to a dwelling so as to endanger it second-degree arson, and the burning of any structure with an intent to defraud an insurer thereof, third-degree arson. Many statutes vary the degree of the crime according to the criminal intent of the accused.

Punishment

Arson is a serious crime that was punishable by death under the common law. Presently, it is classified as a felony under most statutes, punishable by either imprisonment or death. Many jurisdictions impose prison sentences commensurate with the seriousness of the criminal intent of the accused. A finding, therefore, that the offense was committed intentionally will result in a longer prison sentence than a finding that it was done recklessly. When a human life is endangered, the penalty is most severe.

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• Crimes, Criminals, and Civil Offenders - arson: willful and malicious burning of another’s property
• Crimes - arson: intentionally setting fire to property

"Arsonists" redirects here. For the hip hop band, see Arsonists (rap group).

"Torched" redirects here. For the Michael Hedges album, see Torched (album).

For the 1949 film, see Arson, Inc.. For other uses, see Special:Search/intitle:arson and Firestarter.

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The Skyline Parkway Motel at Rockfish Gap after arson on July 9, 2004.

The examples and perspective in this article may not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (May 2011)

Arson^[1] is the crime of intentionally or maliciously lighting structures, wildland areas,^[2] cars^[3][4] or other property on fire. It may be distinguished from other causes such as spontaneous combustion and natural wildfires. Arson often involves fires deliberately set to the property of another or to one's own property as to collect insurance compensation.^[5]

Contents 1 Legal definitions 1.1 Common law 1.2 United States 1.3 England and Wales 1.4 Scotland 2 See also 3 References 4 Further reading 5 External links

Legal definitions

Common law

Arson has four elements.

The elements are:

1. The malicious
2. burning
3. of the dwelling
4. of another

The malicious - for purposes of common law arson "malicious" means action creating a great risk of a burning. It is not required that the defendant acted intentionally or willfully for the purpose of burning a dwelling.

burning - at common law charring to any part of dwelling was sufficient to satisfy this element. No significant amount of damage to the dwelling was required. On the other hand mere discoloration from smoke was insufficient. Actual damage to the material from which the structure was built is required.^[6] Damage to surface coverings such as carpets and wallpaper is insufficient.^[6] Arson was not limited to the burning of wooden structures. Any injury or damage to the structure caused by exposure to heat or flame is sufficient.

of the dwelling - dwelling means a place of residence. The destruction of an unoccupied building was not considered as arson, "[s]ince arson protected habitation, the burning of an unoccupied house did not constitute arson." At common law a structure did not become a residence until the first occupants had moved in and ceased to be a dwelling if the occupants abandoned the premises with no intention of resuming their residency.^[7] Dwelling includes structures and outbuildings within the curtilage.^[8] Dwellings were not limited to houses. A barn could be the subject of arson if it was occupied as a dwelling.

of another - burning one's own dwelling does not constitute common law arson. However, for purposes of common law arson possession or occupancy rather than title determines whose dwelling the structure is.^[8] Thus a tenant who sets fire to his rented house would not be guilty of common law arson,^[8] while the landlord who set fire to a rented dwelling house would be guilty.

Furthermore, "[t]he burning of one's own dwelling to collect insurance did not constitute common law arson. It was generally assumed in early England that one had the legal right to destroy his own property in any manner he chose."^[9]

United States

In the U.S., the common law elements of arson are often varied in different jurisdictions. For example, the element of "dwelling" is no longer required in most states, and arson occurs by the burning of any real property without consent or with unlawful intent.^[10] Arson is prosecuted with attention to degree of severity^[11] in the alleged offense. First degree arson^[12] generally occurs when persons are harmed or killed in the course of the fire, while second degree arson occurs when significant destruction of property occurs.^[13] While usually a felony, arson may also be prosecuted as a misdemeanor,^[14] "criminal mischief", or "destruction of property."^[15] Burglary also occurs, if the arson involved a "breaking and entering".^[16] A person may be sentenced to death if arson occurred as a method of homicide, as was the recent case in California of Raymond Lee Oyler and in Texas of Cameron Willingham.

Some states, such as California, prosecute the lesser offense of "reckless burning" when the fire is set recklessly as opposed to willfully and maliciously.^[17] The study of the causes is the subject of fire investigation.

England and Wales

In English law, arson was a common law offence^[18] dealing with the criminal destruction of buildings by fire. The offence was abolished by the S.11(1) Criminal Damage Act 1971.^[19]. The 1971 Act makes no general distinction as to the mode of destruction except that s.1(3) requires that if the destruction is by fire then the offence will be charged as arson; s.4 of the Act provides a maximum penalty of life imprisonment for conviction under s.1 whether or not the offence is charged as arson.

See also: Criminal damage in English law#Arson

Scotland

Main article: Wilful fire raising

Scotland has no offence known as arson. Events constituting arson in English Law might be dealt with as one or more of a variety of offences such as Wilful Fire-Raising, Culpable and Reckless Conduct, Vandalism or other offences depending on the circumstances of the event. The more serious offences (in particular Wilful Fire-raising and Culpable and Reckless Conduct) can incur a sentence of life imprisonment.

See also

Fire portal

• Fire investigation
• Gävle goat
• Herostratus
• Insurance fraud
• John Leonard Orr
• John Magno
• Pyromania
• Reckless burning
• Vítkov arson attack of 2009

References

1. ^ arson 1680, from Anglo-French. arsoun (1275), from Old French arsion, from L.L. arsionem (nom. arsio) "a burning," from L. arsus pp. of ardere "to burn," from PIE base *as- "to burn, glow" (see ardent). The Old English term was bærnet, lit. "burning;" and Coke has indictment of burning (1640). Arsonist is from 1864. Dictionary.com. Online Etymology Dictionary. Douglas Harper, Historian. [1] (accessed: January 27, 2008)
2. ^ Kumar, Kris (February 2008). "Deliberately lit vegetation fires in Australia". Trends and issues in crime and criminal justice (Lynnwood: Australian Institute of Criminology) (350). ISBN 978-1-921185-71-7. ISSN 0817-8542. Archived from the original on 2008-07-22. http://web.archive.org/web/20080722133206/http://www.aic.gov.au/publications/tandi2/tandi350.html. Retrieved 2009-01-09. 
3. ^ "Cops race to stop Hollywood-area arson car fires". CBS News. December 31, 2011. http://www.cbsnews.com/8301-500188_162-57350522/cops-race-to-stop-hollywood-area-arson-car-fires/. Retrieved January 23, 2012. "Several more cars burned in suspected arson attacks [...]" 
4. ^ "Kintbury car fire was arson". Newbury Weekly News. January 19, 2012. http://www.newburytoday.co.uk/News/Article.aspx?articleID=18960. Retrieved January 23, 2012. "A car fire [...] is being treated as arson." 
5. ^ arson. Dictionary.com. The American Heritage Dictionary of the English Language, Fourth Edition. Houghton Mifflin Company, 2004. Accessed: January 27, 2008)
6. ^ ^{a b} http://en.wikipedia.org/wiki/Charring
7. ^ Boyce & Perkins, Criminal Law, 3rd ed. (1992) at 280&81.
8. ^ ^{a b c} Boyce & Perkins, Criminal Law, 3rd ed. (1992) at 281.
9. ^ "Arson: Legal Aspects - Common Law Arson". Law Library - American Law and Legal Information. http://law.jrank.org/pages/535/Arson-Legal-Aspects-Common-law-arson.html. Retrieved 2008-05-10. 
10. ^ See U.S. v. Miller, 246 Fed.Appx. 369 (C.A.6 (Tenn.) 2007); U.S. v. Velasquez-Reyes, 427 F.3d 1227, 1230-1231 and n. 2 (9th Cir.2005).
11. ^ "Campus Crime: Crime Codes and Degree of Severity". California State University, Monterey Bay. http://www.csumb.edu/site/x7006.xml. Retrieved 2008-05-10. 
12. ^ See U.S. v. Miller, 246 Fed.Appx. 369 (C.A.6 (Tenn.) 2007)
13. ^ Garofoli, Joe (September 1, 2007). "Suspect in Burning Man arson decries event's loss of spontaneity". San Francisco Chronicle: p. A8. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/09/01/MN8LRTBBN.DTL. Retrieved 2008-05-11. 
14. ^ "Reason for Referral". Nebraska Commission on Law Enforcement and Criminal Justice. http://www.ncc.state.ne.us/statistics/data_search/jcr/jcr_referrals.htm. Retrieved 2008-05-11. 
15. ^ "Man accused of arson pleads to misdemeanor charges". The Salina Journal. January 25, 2008. http://www.saljournal.com/rdnews/story/Salinan_pleads_no_contest_to_misdemeanor_charges_1_25_08. Retrieved 2008-05-11. 
16. ^ 3 Charles E. Torcia, Wharton's Criminal Law § 326 (14th ed. 1980)
17. ^ California arson and reckless burning laws under Penal Code 451 and 452
18. ^ William Blackstone (1765–1769). "Of Offenses against the Habitations of Individuals [Book the Fourth, Chapter the Sixteenth]". Commentaries on the Laws of England. Oxford: Clarendon Press (reproduced on The Avalon Project at Yale Law School). http://www.yale.edu/lawweb/avalon/blackstone/bk4ch16.htm. Retrieved 2008-06-01 .
19. ^ "Criminal Damage Act 1971". www.opsi.gov.uk. http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1971/cukpga_19710048_en_1. Retrieved 2010-03-24. 

Further reading

• Karki, Sameer (2002) (PDF). Community Involvement in and Management of Forest Fires in South East Asia. Project FireFight South East Asia. http://www.asiaforests.org/doc/resources/fire/pffsea/Report_Community.pdf. Retrieved 2009-02-13. 
• White, J. & Dalby, J. T., 2000. Arson. In D. Mercer, T. Mason, M. McKeown, G. McCann (Eds) Forensic Mental Health Care. Edinburgh: Churchill Livingston. ISBN 0-443-06140-8

External links

Look up arson in Wiktionary, the free dictionary.

Media related to Arsons at Wikimedia Commons

• How to combat arson

This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)

Dansk (Danish)
n. - brandstiftelse, ildspåsættelse

Nederlands (Dutch)
brandstichting

Français (French)
n. - incendie criminel

Deutsch (German)
n. - Brandstiftung

Ελληνική (Greek)
n. - εμπρησμός

Italiano (Italian)
incendio doloso

Português (Portuguese)
n. - incêndio (m) culposo

Русский (Russian)
поджег

Español (Spanish)
n. - incendio intencionado, incendio premeditado

Svenska (Swedish)
n. - mordbrand

中文（简体）(Chinese (Simplified))
纵火, 纵火罪

中文（繁體）(Chinese (Traditional))
n. - 縱火, 縱火罪

한국어 (Korean)
n. - 방화[죄]

日本語 (Japanese)
n. - 放火

العربيه (Arabic)
‏(الاسم) احراق المباني عن عمد‏

עברית (Hebrew)
n. - ‮הצתה בזדון‬

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