Arson Laws

Arson differs from many violent crimes because it does not necessarily involve physical harm to a person. However, states take this crime seriously. A conviction could lead to a long time behind bars. Anyone suspected of arson should not try to talk their way out of the situation on their own. They should get an attorney on their side who is experienced in these cases and knows how to navigate any interactions with law enforcement.

What Is Arson?

Arson usually involves causing damage to property by fire or explosion.

Elements of Arson

A prosecutor seeking an arson conviction usually must prove that the defendant started a fire or caused an explosion. They also generally need to show that the incident damaged a type of property described by the applicable statute. Historical definitions of arson often covered only dwellings, but modern statutes tend to extend more broadly. For example, Florida Statutes Section 806.01 covers “structures,” such as buildings, enclosed areas with a roof, and vehicles. California Penal Code Section 451 applies to any structure, forest land, or property.

Arson also has a mental state element. This may involve intentionally (or sometimes recklessly) starting a fire. Some arson statutes go further and require that the defendant intended to damage property. States like New York divide arson into several degrees, each of which requires a distinct mental state.

Example of Arson

Phil is upset about his team losing the World Series. He notices a neighbor flying a banner of the winning team over their garage. Phil pours gasoline on the garage and starts a fire.

On the other hand, consider a situation in which Phil is smoking in an area where it is permitted. Someone unexpectedly bumps into him, causing him to drop his cigarette. If a fire starts, Phil probably has not committed arson because he did not have the necessary intent.

Offenses Related to Arson

Some offenses that could be charged in situations that might also support an arson charge include:

• Criminal trespass: the defendant was unlawfully on the property where they started the fire
• Burglary: the defendant unlawfully entered a building or other specified place with the intent to start a fire
• First-degree murder: the defendant started the fire with a premeditated intent to kill someone on the property
• Involuntary manslaughter: the defendant started the fire while being reckless or negligent about the possibility that death could result
• Insurance fraud: the defendant filed a fraudulent claim with their insurer based on a fire that they intentionally started

A prosecutor might charge multiple crimes in the same indictment and then try to negotiate a deal in which the defendant pleads guilty to arson in exchange for dropping other charges.

Defenses to Arson

One of the most common defenses to arson involves arguing that the defendant did not have the necessary intent. In other words, they might have started the fire by accident. A defendant also might beat the charge if they can show that they were permitted or authorized to start the fire. (Statutes sometimes outline the requirements for this defense in detail.)

A defendant also might argue that they did not cause the fire. Perhaps it arose from a non-human source, such as extreme weather. Or perhaps someone falsely identified the defendant as the suspect, whether because of an improper motive or because they made an honest mistake. A defendant might present an alibi, showing that they could not have set the fire because they were somewhere else when it started.

If law enforcement violated the constitutional rights of the defendant during the investigation, they can ask the court to exclude any evidence obtained as a result. This can prevent a prosecutor from proving the charge beyond a reasonable doubt. For example, perhaps the police coerced the defendant into a confession in an effort to resolve the case quickly.

In some limited cases, intoxication or insanity might support a defense. If the statute requires that the defendant intended to damage property, they might not have formed the necessary intent due to their intoxication. Meanwhile, an insanity defense may succeed if a mental illness prevented the defendant from understanding what they were doing or from understanding that it was wrong.

Penalties for Arson

The potential penalties for an arson conviction may depend on the underlying circumstances, such as the type or extent of the harm. For example, California imposes 16 months or two or three years in prison for general arson of property. Arson of a structure or forest land carries two, four, or six years. If the fire caused an inhabited structure or inhabited property to burn, the defendant will face three, five, or eight years. If the fire caused great bodily injury, they will face five, seven, or nine years.

In Florida, arson generally carries up to 15 years in prison. It carries up to 30 years if it damaged a dwelling, any structure where people are normally present, or any other structure that the defendant knew or should have known was occupied by a person.

In Texas, arson with the intent to destroy or damage property generally carries 2-20 years in prison. However, it carries 5-99 years (or life) if it caused injuries or death, or if the property was a habitation or a place of assembly or worship. If the defendant did not have the intent to destroy or damage, but they recklessly damaged or destroyed a building owned by someone else or recklessly caused injuries or death, they may face 180 days to two years.

Last reviewed August 2024