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Arson is the act of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, watercraft, or forests. The crime is typically classified as a felony, with instances involving risk to human life or property carrying a stricter penalty. Arson that results in death can be further prosecuted as manslaughter or murder. A common motive for arson is to commit insurance fraud. [1] [2] [3] In such cases, a person destroys their own property by burning it and then lies about the cause in order to collect against their insurance policy. [4]
A person who commits arson is referred to as an arsonist, or a serial arsonist if the person has committed arson several times. Arsonists normally use an accelerant (such as gasoline or kerosene) to ignite, propel, and direct fires, and the detection and identification of ignitable liquid residues is an important part of fire investigations. [5] Pyromania is an impulse control disorder characterized by the pathological setting of fires. [6] Most acts of arson are not committed by pyromaniacs. [6]
The term derives from Law French arsoun (late 13th century), from Old French arsion, from Late Latin ārsiōnem "a burning," (acc.) from the verb ardēre, "to burn." [7] [8] [9] "Malicious burning of property," 1670s, from Anglo-French arsoun (late 13c.), Old French arsion, from Late Latin arsionem (nominative arsio) "a burning," noun of action from past-participle stem of Latin ardere "to burn" (from PIE root *as- "to burn, glow"). [10]
The Old English term was bærnet, lit. "burning"; and Edward Coke has indictment of burning (1640). Arsonist is from 1864. [11]
English Common Law defines arson as "the malicious burning of the dwelling of another." [12]
This definition has four elements:
Many U.S. state legal systems and the legal systems of several other countries divide arson 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.
Many statutes vary the degree of the crime according to the criminal intent of the accused. Some US states use other degrees of arson, such as "fourth" and "fifth" degree, [16] while some states do not categorize arson by any degree. For example, in the state of Tennessee, arson is categorized as "arson" and "aggravated arson."
A common motive for arson is to commit insurance fraud. In such cases, a person destroys their own property by burning it and then lies about the cause in order to collect against their insurance policy.
An example of insurance fraud being the motivating factor for an act of arson is the case for Operation Firebird. [17] A married couple and 4 co-conspirators were arrested and convicted with arson and insurance fraud after a string of home, business, and warehouse fires which took place between 2014 and 2018 were exposed as acts of arson. Using chicken left in boiling frying oil, the convicted criminals would make fire seem like a cooking accident. Then, the group committed insurance fraud by filing insurance claims for the cost of the building, as well as, smoke-damaged goods to claim fire damages for insurance payouts. The group's scheme claimed a reported $4 million and ended when authorities were tipped off as to where the location of the next planned incident would take place. Police then performed an investigation dubbed Operation Firebird with the San Jose Fire Department. According to a 2019 Press Release from the California Department of Insurance, Tyler and Kim Chen, Ha Nguyen, Sandy Ngo, Duyen Pham, and Trang Huynh were all convicted with various degrees of arson and insurance fraud.
Tyler Chen was convicted with five separate counts of arson and two separate counts of insurance fraud in Santa Clara County in 2018. Tyler Chen's wife, Kim Chen, was convicted with two counts of insurance fraud in Santa Clara county. [18]
In the United States, 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. [19] Arson is prosecuted with attention to degree of severity [20] in the alleged offense. First degree arson [21] generally occurs when people are harmed or killed in the course of the fire, while second degree arson occurs when significant destruction of property occurs. [22] While usually a felony, arson may also be prosecuted as a misdemeanor, [23] "criminal mischief", or "destruction of property." [24] Burglary also occurs, if the arson involved a "breaking and entering". [25] A person may be sentenced to death if arson occurred as a method of homicide, as was the case in California of Raymond Lee Oyler and in Texas of Cameron Todd Willingham.
After the Great Chicago Fire in 1871, the United States started a National Fire Prevention Week in order to educate the people on ways to prevent fires, minimize their damages, and hopefully drastically decrease casualties. [26] Fire
Prevention Week campaigns includes various information on safe cooking practices pertaining to grilling, microwaving, and cooking on a stove.
During World War II arson was a much higher concern in the United States. There was a severe lack of firefighters due to the fact most of the men were overseas to fight the war. There were few men left behind to help combat forest fires. For example, during WW II in Eldora, Iowa a fire chief reported that his regular membership shrank from 21 to 9 men and their fire fighting force recruited retired members and new members to fill the missing positions during the war. [27] Although there were few attempts to burn U.S. forests, it continued to be a big concern due to the potential detrimental effects. This concern for arson attempts led to the rise of Smokey Bear who was the face of fire prevention and fire safety measures. [28] [29] Although the intention of Smokey Bear's persona is to encourage fire safety, Smokey shares a message of fire prevention which includes accidental fires that can sometimes be legally charged as arson.
In New York, arson is charged in five degrees. Arson in the first degree is a Class A-1 felony and requires the intent to burn the building with a person inside using an explosive incendiary device. In New York, the criminal charge of arson includes a maximum sentence of 25 years to life. [30]
In California, a conviction for arson of property that is not one's own is a felony punishable by up to three years in state prison. Aggravated arson, which carries the most severe punishment for arson, is punishable by 10 years to life in state prison. A well-known example of arson which took place in California is the Esperanza Fire. Raymond Lee Oyler was ultimately convicted of murder and sentenced to death for a 2006 fire in southern California that led to the deaths of five U.S. Forest Service firefighters; he was the first U.S. citizen to receive such a conviction and penalty for wildfire arson. [31]
Some states, such as California, prosecute the lesser offense of "reckless burning" when the fire is set recklessly as opposed to willfully and maliciously. The study of the causes is the subject of fire investigation. A recent example of a reckless burning offense is the El Dorado fire which took place in 2020 in California. This fire was caused by a gender reveal party which utilized a smoke bomb which is categorized as unsafe pyrotechnics. The El Dorado fire burned over a 71-day period, destroyed 20 structures and resulted in one firefighter fatality, for which the couple hosting the party were charged with involuntary manslaughter. [32] The Esperanza Fire ultimately resulted in the death of firefighter Charles "Charlie" Morton, who became trapped while attempting to fight the fire. The DA of California considered arson charges for the family members as they were deemed negligent with regard to fire safety. [33]
In English law, arson was a common law offence (except for the offence of arson in royal dockyards) [34] dealing with the criminal destruction of buildings by fire. The common law offence was abolished by s.11(1) of the Criminal Damage Act 1971. [35] The 1971 Act makes no distinction as to mode of destruction except that s.1(3) requires that if the destruction is by fire, the offence is 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. In Hong Kong, the common law offence was abolished by s 67 of the Crimes Ordinance 1971 (Part VIII of which, as amended by Crimes (Amendment) Ordinance 1972, [36] mirrored the English Criminal Damage Act 1971). [37] Like the English counterparts, 63 of the 1972 Ordinance provides a maximum penalty of life imprisonment, and s 60(3) of the Ordinance requires that if the damage is by fire the offence should be charged as arson.
In the Burmese legal system, arson is considered "mischief by fire" under sections 435 and 436 of the Myanmar Penal Code and punishable by fine and imprisonment. [38] The statutes were last amended on 1 July 2016, and made arson on houses and buildings punishable with up to 20 years in prison. [38]
The Burmese military has long used arson as a weapon of war against civilians. [39] [40] From the 2021 Myanmar coup d'état to August 2022, military forces committed arson on 28,434 houses in the country. [41]
While the Scottish legal system has no offence known as arson statutorily defined, there are many offences that are used to charge those with acts that would normally constitute arson in other nations. Events constituting arson in English and Welsh 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.
Ireland differentiates how it charges arson not by degree but rather by what is being destroyed and if anyone was harmed. [42] For example, while the sentence for setting fire to a building can be life imprisonment, the sentence for setting fire to goods in a building can only be up to fourteen years.
A notable historical act of arson in Ireland is the burning of Wildgoose Lodge, which resulted in the arrest, sentencing, and execution of 18 men, many of whom were innocent. [43] More recently, the 2023 Dublin riot involved instances of arson, with many such acts targeting vehicles.
In criminal law, mens rea is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of mens rea and actus reus before the defendant can be found guilty.
Burglary, also called breaking and entering (B&E) and housebreaking, is the act of illegally entering a building or other areas without permission, typically with the intention of committing a further criminal offence. Usually that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle, a term back-formed from the word burglar, or to burglarize.
Mischief or malicious mischief is the name for a class of criminal offenses that is defined differently in different legal jurisdictions. While the wrongful acts will often involve what is popularly described as vandalism, there can be a legal differentiation between vandalism and mischief. The etymology of the word comes from Old French meschief, which means "misfortune", from meschever, "to end badly".
The Theft Act 1968 is an act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales.
Capital murder refers to a category of murder in some parts of the US for which the perpetrator is eligible for the death penalty. In its original sense, capital murder was a statutory offence of aggravated murder in Great Britain, Northern Ireland, and the Republic of Ireland, which was later adopted as a legal provision to define certain forms of aggravated murder in the United States. Some jurisdictions that provide for death as a possible punishment for murder, such as California, do not have a specific statute creating or defining a crime known as capital murder; instead, death is one of the possible sentences for certain kinds of murder. In these cases, "capital murder" is not a phrase used in the legal system but may still be used by others such as the media.
Malice is a legal term which refers to a party's intention to do injury to another party. Malice is either expressed or implied. For example, malice is expressed when there is manifested a deliberate intention to unlawfully take away the life of a human being. Malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. Malice, in a legal sense, may be inferred from the evidence and imputed to the defendant, depending on the nature of the case.
In criminal law and in the law of tort, recklessness may be defined as the state of mind where a person deliberately and unjustifiably pursues a course of action while consciously disregarding any risks flowing from such action. Recklessness is less culpable than malice, but is more blameworthy than carelessness.
The Malicious Damage Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to malicious damage from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation Act, the Malicious Injuries to Property Act 1827, incorporating subsequent statutes.
John Leonard Orr is an American convicted serial arsonist, mass murderer and former firefighter. A fire captain and arson investigator in Glendale, California, Orr was convicted of serial arson and four counts of murder; he is believed to have set nearly 2,000 fires in a thirty-year arson spree, most of them between 1984 and 1991, making him the most prolific serial arsonist in American history.
The Esperanza Fire was a large, wind-driven, arson-caused wildfire that started on October 26, 2006, in a river wash near Cabazon, California, United States, west of Palm Springs. By October 29, 2006, it had burned over 41,173 acres (166.62 km2) and was 85% contained. On October 30, 2006, the fire was fully contained.
Wilful fire-raising is a common law offence under Scots law applicable to deliberately starting fires with intent to cause damage to property.
Criminal damage in English law was originally a common law offence. The offence was largely concerned with the protection of dwellings and the food supply, and few sanctions were imposed for damaging personal property. Liability was originally restricted to the payment of damages by way of compensation.
The Rattlesnake Fire was a wildfire started by an arsonist on July 9, 1953, in Powder House Canyon on the Mendocino National Forest in northern California. The wildfire killed one Forest Service employee and 14 volunteer firefighters from the New Tribes Mission, and burned over 1,300 acres (530 ha) before it was controlled on July 11, 1953. It became and remains to this day a well-known firefighting textbook case on fatal wildland fires.
Scots criminal law relies far more heavily on common law than in England and Wales. Scottish criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious mischief, and public order offences including mobbing and breach of the peace. Scottish criminal law can also be found in the statutes of the UK Parliament with some areas of criminal law, such as misuse of drugs and traffic offences appearing identical on both sides of the Border. Scottish criminal law can also be found in the statute books of the Scottish Parliament such as the Sexual Offences (Scotland) Act 2009 and Prostitution (Scotland) Act 2007 which only apply to Scotland. In fact, the Scots requirement of corroboration in criminal matters changes the practical prosecution of crimes derived from the same enactment. Corroboration is not required in England or in civil cases in Scotland. Scots law is one of the few legal systems that require corroboration.
The criminal law of the United States is a manifold system of laws and practices that connects crimes and consequences. In comparison, civil law addresses non-criminal disputes. The system varies considerably by jurisdiction, but conforms to the US Constitution. Generally there are two systems of criminal law to which a person maybe subject; the most frequent is state criminal law, and the other is federal law.
Life imprisonment is one of the five principal punishments stipulated in Article 33 of the Criminal Law of the People's Republic of China. In the Criminal Law, there are 87 penalties for life imprisonment.
The 2011–2012 Los Angeles arson attacks were a series of fires started on December 29, 2011, in Los Angeles, California. It was the worst case of arson reported in the area since the 1992 Los Angeles riots. Harry Burkhart, then 24, who was wanted in Germany on suspicion of burning down his home, was charged in Los Angeles in January 2012 with 28 counts of arson of property and nine counts of arson of an inhabited structure. Prosecutors said that Burkhart was "motivated by rage against Americans" and sought to terrorize as many people as possible when he torched dozens of cars, homes and garages late at night, when most residents were sleeping, to inflict maximum fear and damage.
On December 24, 2001, arsonists set fire to the Woodbine Building Supply Company building in Toronto, Ontario, Canada, causing an explosion and leading to one of the largest fires in the city's history. The arsonists were conspiring with John Magno, co-owner of the store, who desired to destroy the struggling business to collect a fraudulent insurance claim and clear the site for construction of a condominium development. The fire led to the evacuation of over 50 homes on Christmas morning, and the death of one of the arsonists. After many years of sitting as an idle lot, it was replaced by a condo building, Carmelina Condominiums, completed in 2015.
Cocos Fire, originally known as the Twin Oaks Fire, was a wildfire that ignited on May 14, 2014 in San Marcos, California, in the hills south of California State University, San Marcos. The Cocos Fire quickly spread into western Escondido. The fire destroyed more than 40 buildings, including a dozen single-family homes. The Harmony Grove Spiritualist Association, a 13-acre spiritualist retreat founded in 1896, was particularly hard hit; most of the buildings and residences on the property were destroyed, and the association's president said, "We're pretty much wiped out." Property damage from the fire is estimated at more than $5.7 million. Three minor injuries have been reported. The Cocos Fire was the last of the May 2014 wildfires in San Diego County to be extinguished, with full containment on May 22, 2014.
Church arson is burning or attempting to burn religious property, because empty churches are soft targets, racial hatred, pyromania, prejudice against certain religious beliefs, greed, or as part of communal violence or dissent or anti-religious sentiment.
At common law, the malicious burning of someone else's dwelling house or outhouse that is either appurtenant to the dwelling house or within the curtilage.