Arson is the
crime of deliberately and maliciously setting
fire to structures or
wildland areas. It may be distinguished from other causes such as
spontaneous combustion and natural
wildfires caused by
lightning for example. The study of the causes is the subject of
fire investigation. Fires set to the property of another or to one's own property may be for an improper purpose, such as to collect
insurance compensation.
Legal definitions
Common law
Arson (or fire-raising, as it is known in Scotland) is defined as "the malicious burning of the dwelling of another" " in
common law.
The
prosecutor must prove each element of the crime beyond a reasonable doubt.
Arson was punished at common law as a
felony in the eighteenth century. 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." 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."
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.
Arson is prosecuted with attention to degree of severity
in the alleged offense. First degree arson 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.
Arson may also be prosecuted as a
misdemeanor,
"
criminal mischief", or "
destruction of
property."
also occurs, if the arson involved a "breaking and entering". A criminal may be sentenced to
death penalty 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.
England and Wales
In
English law, arson was a common law offence which was recently defined again and codified by the
Criminal Damage Act 1971.
Scotland
In
Scots Law, the term "fire raising" is the equivalent term used instead of arson, but both mean the same.
See also
