What is the Crime of Arson in California?
Arson is defined in California Penal Code section 451. It is a crime that requires intentional conduct. A person has to intentionally start a fire. An accidental fire is not arson. The person must also set the fire for a malicious purpose. A deliberate fire that burns out of control is not arson.
There is a separate offense for causing a fire recklessly, which is covered under California Penal Code § 452. This statute addresses situations where a person recklessly sets fire to, burns, or causes to be burned any structure, forest land, or property. This offense does not require the same level of intent as arson and can include reckless or negligent behavior
To prove arson, the prosecution must establish each of these factors beyond a reasonable doubt:
Arson (Pen. Code, § 451(c) & (d))
Arson is a crime that requires the deliberates setting of a fire for a wrongful purpose. It
Charge: The defendant is charged [in Count ___] with arson in violation of Penal Code section 451(c/d).
Proof Requirements: To prove that the defendant is guilty of this crime, the People must prove that:
The defendant set fire to or burned, or counseled, helped, or caused the burning of, a structure, forest land, or property; AND
The defendant acted willfully and maliciously.
Definitions:
Set fire to or burn: To damage or destroy with fire, either all or part of something, no matter how small the part.
Willfully: Someone commits an act willfully when they do it willingly or on purpose.
Maliciously: Someone acts maliciously when they intentionally do a wrongful act or act with the unlawful intent to defraud, annoy, or injure someone else.
Additional Information:
Structure: Any building, bridge, tunnel, power plant, commercial or public tent.
Forest land: Brush-covered land, cut-over land, forest, grasslands, or woods.
Property: Personal property or land other than forest land.
Exception: A person does not commit arson if the only thing burned is their own personal property, unless they act with the intent to defraud, or the fire also injures someone else or someone else’s structure, forest land, or property.
Arson