Kara Sears
Arson is a crime that involves the willful and malicious destruction of property by fire. While the specific definition varies by jurisdiction, it typically involves the burning of dwellings or buildings under circumstances that endanger human life. In English common law, arson specifically referred to the burning of another person's dwelling, and this definition has since been expanded in modern statutes to include any public or private property. Arson is often committed to conceal another crime or for insurance fraud, and it carries severe penalties, including life imprisonment in some cases.
| Characteristics | Values |
|---|---|
| Definition | The malicious burning of the dwelling of another |
| Type of Crime | Common law offence |
| Act | Willfully and deliberately setting fire to or charring property |
| Property | Buildings, motor vehicles, watercraft, forests, dwellings, businesses, bridges, vehicles, forest land, residential, commercial or industrial structures |
| Motive | Insurance fraud, to conceal another crime such as murder or burglary |
| Penalty | Life imprisonment, fine, up to 20 years in prison, manslaughter, murder |
| Arsonist | A person who commits arson is referred to as an arsonist, or a serial arsonist if they have committed arson several times |
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What You'll Learn
Arson as a common law offence
Arson is a common law offence that deals with the criminal destruction of buildings by fire. In English law, arson was a common-law offence, except for the offence of arson in royal dockyards. The common-law offence was abolished by s.11(1) of the Criminal Damage Act 1971. The 1971 Act, however, makes no distinction regarding the mode of destruction. Section 1(3) requires that if the destruction is by fire, the offence is charged as arson.
The definition of arson varies slightly depending on the jurisdiction. In some jurisdictions, arson is defined as the intentional setting of a fire to a building. In other jurisdictions, arson is defined as the intentional setting of a fire to a building where people live. Most states no longer require that the property damaged or destroyed be a dwelling or even a building. Generally, the act of knowingly burning personal property without consent or with unlawful intent is sufficient to constitute arson.
At common law, arson is defined as the "'malicious burning of the dwelling of another". The term "'malicious' refers to the intention of starting the fire. Fires can be started on purpose or by accident. In either case, there is legal precedent to charge the guilty person with arson, regardless of their intention to start a fire. "Malicious" describes the intention of the arsonist as ill-intentioned and intending to cause harm or death.
Modern statutes have expanded the crime of arson beyond the original common-law elements. Under modern statutes, a defendant can be convicted of arson for burning a structure other than a dwelling. The structure that the defendant burns does not necessarily have to belong to someone else. Therefore, under modern statutes, a defendant can be convicted of arson for burning a structure that they own. However, liability is limited in this situation to cases in which the defendant was or should have been aware that their actions created a risk of danger to other people.
The penalties associated with an arson conviction vary widely depending on the degree of arson. For example, the New York Penal Law includes five possible degrees of arson, with the fifth degree being a class A misdemeanour punishable by no more than a year in jail, and the first degree being a class A-1 felony carrying a minimum sentence of 15 years and a maximum sentence of 25 years.
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Arson in royal dockyards
The Criminal Law Consolidation Acts of 1861 removed various capital offences from British statute, leaving arson in royal dockyards as one of the five remaining capital offences, along with murder, high treason, espionage, and piracy with violence. The Dockyards etc. Protection Act of 1772, which was repealed by the Criminal Damage Act of 1971, set out a comprehensive list of crimes punishable by death, including causing a fire or explosion in a naval dockyard, magazine, warehouse, or ship.
There were several attempts to amend the legislation regarding arson in royal dockyards. In 1837, the Punishment of Offences Bill proposed reducing the penalty from death to transportation, but this was rejected by the House of Lords. Similarly, Lord John Russell's 1840 Substitution of Punishments of Death Bill and its 1841 version excluded the offence. Russell introduced a separate bill in 1841 to tighten the wording of the 1772 act, removing the death penalty in cases without treasonable intent or destruction of naval stores. Disraeli ministry bills of 1878 and 1879 attempted to establish a criminal code for England, Wales, and Ireland, which would have made arson in royal dockyards a capital offence only during wartime.
The Blackburn Commission, which drafted the 1879 bill, suggested deleting the offence altogether and treating it as simple arson. While the above bills and acts applied to England, Wales, and Ireland, they did not extend to Scotland, where capital punishment was restricted to murder, attempted murder, and treason by the Criminal Procedure (Scotland) Act of 1887.
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Arson as a felony
Arson is typically classified as a felony. The crime involves the willful and deliberate setting of fires to property, most often buildings, but also other objects such as motor vehicles, watercraft, or forests. The common law definition of arson was the "malicious burning of the dwelling of another", but modern statutes have expanded this to include any wrongful burning of public or private property.
The act of arson is often committed to facilitate insurance fraud, where the perpetrator destroys their own property and then lies about the cause to collect insurance payouts. This is a separate crime related to arson and carries severe penalties, including lengthy prison sentences. Arson may also be committed to conceal other crimes, such as murder or burglary, and can be prosecuted as such if it results in death.
The severity of arson as a felony varies depending on the jurisdiction and the specific circumstances of the case. For example, many state laws in the United States consider the defendant's intent, how the fire was caused, and whether there was any physical injury or death caused by the fire. In nearly all countries, an arsonist may be prosecuted for murder even if there was no intention to kill.
The burning of one's own property is also considered arson in most jurisdictions, especially if it poses a risk to other people or their property. This includes cases of fraud, where the burning of one's home is done to collect insurance payouts. Arson statutes have been expanded to include the burning of any type of residential, commercial, or industrial structure, as well as vehicles and forest land.
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Arson and insurance fraud
Arson is the act of willfully and deliberately setting fire to or charring property, and it is typically classified as a felony. Under common law, arson dealt with the criminal destruction of buildings by fire. A common motive for arson is insurance fraud, where an individual destroys their property through burning and then provides false information to collect against their insurance policy.
Insurance fraud involving arson continues to be a significant issue for the insurance industry. Forensic fire investigators play a crucial role in uncovering arson fraud by recognizing warning signs, preserving evidence, and working with insurers to repudiate fraudulent claims. They examine indicators related to property, combustion, circumstances, and fire protection. For instance, signs of forced entry, unusual fire patterns, the presence of ignitable liquids, and deliberate obstructions are all red flags. Additionally, suspicious claimant behaviors, such as insisting on a fast settlement or asking hypothetical questions about fire or claims, can also raise concerns.
The economic climate and financial distress can contribute to the motivation for arson and insurance fraud. Desperation and financial strain may drive individuals to commit fraud as a perceived solution to their problems. Investigators consider various factors, including unemployment, mortgage delinquency, adverse credit information, and property foreclosure, when evaluating potential fraud.
To combat arson and insurance fraud, collaboration between investigators, insurers, and anti-fraud organizations is essential. By staying vigilant and utilizing specialized forensic investigation services, the industry can identify emerging fraud schemes, monitor case law and regulations, and strengthen the evidence needed to repudiate fraudulent claims.
In conclusion, arson and insurance fraud are serious issues that require the expertise of qualified fire investigators. By recognizing indicators of foul play, promptly preserving evidence, and collaborating with relevant parties, the insurance industry can effectively address and mitigate the impact of fraudulent activities.
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Arson to conceal another crime
Arson, or the act of willfully and deliberately setting fire to or charring property, is often committed to conceal other crimes. While arson typically involves buildings, it can also refer to the intentional burning of other things, like motor vehicles, watercraft, or forests.
At common law, arson was a felony, dealing with the criminal destruction of buildings by fire. The definition varies slightly depending on the jurisdiction, but it generally involves the intentional setting of a fire to a building or the dwelling of another. Most states no longer require that the property damaged or destroyed be a dwelling or building, and the act of knowingly burning personal property without consent or with unlawful intent is enough to constitute arson.
Arson is often used to conceal other crimes, such as murder or burglary. For example, a person may commit a felony, such as homicide, and then start a fire to destroy any evidence of the crime and to conceal their motive and intent. In such cases, the establishment of evidence of the felony on the premises where the fire occurred can tie the crime of arson to the person charged with the felony. Motive and intent to start the fire to cover up the crime are assumed when a felony has been committed.
Confronting a suspect with the motive for arson may lead to a full confession. For example, if a person is suspected of committing arson to conceal a burglary, investigators may confront the suspect with evidence tying them to the burglary, which may lead the suspect to confess to both crimes. Arson is a serious crime, and the penalties for a conviction vary widely depending on the degree of arson and the jurisdiction. For instance, in New York, the penalties range from a class A misdemeanour punishable by up to a year in jail to a class A-1 felony carrying a minimum sentence of 15 years and a maximum of 25 years.
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Frequently asked questions
Arson is the act of willfully and deliberately setting fire to or charring property. It is typically classified as a felony.
Common law refers to a legal system that gives great precedential weight to prior decisions by judges, especially those made by judges of higher courts.
Under common law, arson referred to the burning of another person's dwelling under circumstances that endangered human life.
Modern statutes have expanded the definition of arson to include the wrongful burning of any public or private property, including vehicles, bridges, and forests.
Penalties for arson vary by jurisdiction but generally become more severe based on the degree to which the fire endangers or takes human life. Arson that results in death can be prosecuted as manslaughter or murder.
