What is Arson? - RecordsSiteReviews.com

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What is Arson?

Arson is when a simple fire becomes a serious offense. It is a crime against possession and punishment can vary depening on the state in which the crime is commited.

Arson is the intentional and malicious starting of a fire that leads to the burning of a dwelling house, structure, vehicle, personal property or aircraft owned by another person. “Owned” means the structure is in a person’s possession. In other words, it is a crime against possession, not actual ownership. Thus, a landlord who intentionally burns his rented house can be guilty of arson as the house is currently in the possession of his tenant. In this case, the arsonist committed the crime against himself.

How Arson is Classified

Arson is categorized into 1st degree (homes, schools, churches), 2nd degree (unoccupied structures, vehicles), and 3rd degree (personal property). It is classified under crimes against property. The act does not need to end in total burning (burning to the ground) for it to constitute a crime. It does not even have to cause considerable damage. The burning of a portion of the floor or a wall is enough to be considered arson. However, it should be more than just blackening of a part of the structure. Explosions are also considered burning.

The mere intent to start a fire, not necessarily burn a structure, is enough for an arson charge to prosper. Persons who helped in the crime are usually charged with arson themselves, not merely accomplices.

A fire occurring inside a house qualifies for arson if the items damaged are permanent fixtures like plumbing, electrical wirings or a wall. However, if only personal properties like clothes, documents or furniture are damaged, the fire can not be considered arson.

Arson is responsible for 25% of all fires in the country. It causes the death of around 700 individuals each year. As to property loss, it is responsible for 20% of all property-related fire losses and is the leading cause of dollar loss from fire, which exceeds $2 billion annually. And yet, it is a very difficult case to solve. In fact, in the US, only 15% of cases are closed with arrests and a mere 2% are closed with convictions. At least half of all arson cases involve a juvenile or somebody under 18 years old. In fact, this is the crime with the most number of juvenile-arrestees.

Arson law varies across different states. In some states, for example, arson is further broken down into sooting, scorching and charring. Technically, “starting a fire” and “burning” are two different things. One can determine how a certain jurisdiction differentiates these two by the exact wording of its statute.

Some statues do not differentiate arson based on motive, even if there are obvious categories under which arsonists fall like vengeful arson, arson-for-hire or arson to defraud. There are even those who seem not capable of controlling the urge to start fires. Some jurisdictions, though, mete out the most severe penalties for those who commit arson to defraud. Some even have “aggravated arson” which is equivalent to felony murder, as when a firefighter gets hurt in the process of putting out the fire. Still, there are some states that consider pouring gasoline on a floor or possessing firebombs as related to arson.