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Arson


Arson is the crime of intentionally, deliberately and maliciously setting fire to buildings, wildland areas, dumpsters, vehicles or other property with the intent to cause damage. It may be distinguished from other causes such as spontaneous combustion and natural wildfires. Arson often involves fires deliberately set to the property of another or to one's own property so as to collect insurance compensation.

A person who commits this crime is called an arsonist. More often than not, arsonists use accelerants (such as gasoline or kerosene) to ignite, propel, and directionalize fires.

Historically, the common law crime of arson had four elements:

In many states, arson is divided 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.

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. Arson is prosecuted with attention to degree of severity in the alleged offense. First degree arson generally occurs when persons are harmed or killed in the course of the fire, while second degree arson occurs when significant destruction of property occurs. While usually a felony, arson may also be prosecuted as a misdemeanor, "criminal mischief", or "destruction of property."

Burglary also occurs, if the arson involved a "breaking and entering". 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.


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