Arson Laws, Degrees and Statistics

Arson
Law, Causes and Preventive Measures
(CPTED)

Introduction
• Arson is the criminal act of burning or
charring property on purpose.
• The act of arson may include such acts as
setting fire to a property maliciously, or
burning a property with the intent to collect
insurance money.
• While most people consider arson to be the
burning of buildings, it may also be the
burning of cars, boats, personal property, and
land.

Definition of Arson
• The act of recklessly or intentionally setting
fire to personal or real property for an
unlawful reason
• The malicious burning of personal or real
property with fraudulent or criminal intent.

Elements of Arson
• According to common law, there are certain elements
required to determine a fire to be caused by arson.
These elements of arson include:
• (1) the malicious,
• (2) burning,
• (3) of a dwelling,
• (4) belonging to another.
• While common law has its roots in the birth of the
nation, legislation has changed through the years,
expanding the definition of arson to include the
burning of a person’s own property, as well as the
burning of personal property, vehicles, and land.

Aggravated Arson
• In many states, a charge of arson may be upgraded
to “aggravated arson,” which takes into account
such factors was whether the accused anticipated a
person being inside the building when they started the
fire.
• The primary consideration in classifying aggravated
arson is malicious intent. Intent may be caused by
financial distress, anger, and other issues fraught with
emotion.
• Aggravated arson is the same as First Degree Arson
in some states, and may include the burning of a
building to obtain an insurance settlement, or the
setting of a fire for the purpose of harming another
person, or to cause fear.

“Aggravated Arson,” which takes into account such factors
was whether the accused anticipated a person being inside the
building

Reckless Arson
• While most people consider arson to be the
intentional setting of fires, reckless
behaviour that leads to the destruction of
property by fire may also lead to arson
charges.

Accidental Fire
• Not all fires fall under the category of arson.
Sometimes fires are started accidentally, even
though the person tried to be careful.

Accidental Fire
• In cases such as this, it is up to investigators to
determine whether the fire was accidental or caused
by an intentional act.
• When investigators cannot determine the cause of the
fire or its origin, they may regard it as “suspicious” and
continue with the arson investigation.
• For a person to be convicted of arson in a court of
law, the elements of arson must be proven beyond a
reasonable doubt. Unfortunately, this is not always a
simply matter, as it can be difficult to prove a fire
was set intentionally.

Arson Investigation
• An arson investigation begins when fire-
fighters are called to the scene of a fire, then
follows specific protocols.
• Specially trained arson investigators personally
review the scene and physical evidence, and
interview witnesses as well as fire-fighters
regarding their observations at the time of the
fire.

Arson Investigation
• Some important considerations in any arson
investigation include:
• Colour of Flames and Smoke – various substances and
accelerants produce different colours of flames and smoke
• Alarms and Sprinklers – where alarms and fire
suppression sprinklers were located on the property, and
whether they were disabled before the fire
• Speed of the Fire – how rapidly the flames spread may
indicate use of accelerants
• Suspects at the Fire – whether or not witnesses saw
familiar faces at the scene of the fire
• Removal of Property – whether valuable or sentimental
items were removed from the property just prior to the fire
may indicate intent

Arson and Insurance Fraud
• It is not uncommon for people to set fires in order to
benefit from the insurance benefits covering the
property.
• It is for this reason that insurance companies give great
weight to arson investigation reports, and even employ
their own arson investigators. Insurance fraud occurs in
both residential and commercial arson.
• A person found guilty of setting a fire with the goal
of collecting insurance money may face arson
charges, and be convicted of both arson and
insurance fraud.

Punishment for Arson
• Each state has specific penal codes that specify
the sentences offenders may face if they are
found guilty or arson.
• While punishment for arson varies by
jurisdiction, the severity of each sentence takes
into consideration the amount of damages
caused by the fire, whether the fire was set with
the intent to commit insurance fraud, and whether
injuries or deaths occurred as a result of the
crime.

Punishment for Arson
• For example, in California, the sentences handed down
for an arson conviction include:
• Arson that causes bodily injury is punishable by
imprisonment for five, seven, or nine years.
• Arson that involves an inhabited structure is punishable
by imprisonment for three, five, or eight years.
• Arson of a structure or forest land is punishable by
imprisonment for two, four, or six years.
• When a person commits the crime of arson and it results
in the death of another person, it can be classified as
felonious murder in most states. This holds true even if the
death was unintentional.

Degrees of Arson
• Most states define different degrees of arson
depending on the circumstances surrounding
the act.
• This includes factors such as whether the
building was occupied at the time of the fire, or
whether the act was committed in order to
commit fraud. Another factor taken into
consideration in the determination of degrees of
arson is the amount of damages caused by the
crime.

Degrees of Arson
• The common degrees of arson include:
• First Degree Arson– an act in which a person
sets a fire to an occupied home or building
• Second Degree Arson– an act in which a
person sets fire to an empty or abandoned
structure
• Third Degree Arson– an act in which a
person sets fire to an abandoned area of space
such as a vacant lot or field

The law defines First Degree Arson as:
A person knowingly sets fire to, burns, causes to be burned, or by the use of
any explosive damages or destroys, or causes to be damaged or destroyed,
any building or occupied structure of another without his consent.

The law defines Second Degree Arson as:
When a person knowingly sets fire to, burns, causes to be burned or by the
use of any explosive damages or destroys, or causes to be damaged or
destroyed, any property of another without his consent, other than a building
or occupied structure.

The law defines Third Degree Arson as when:
A person who, by means of fire or explosives, intentionally
damages any property with intent to defraud

Arson in the Fourth Degree.
law defines Fourth Degree Arson as:
A person knowingly or recklessly starts or maintains a fire or causes an explosion,
on his own property or that of another, and by so doing places another in danger of
death or serious bodily injury or places any building or occupied structure of another
in danger of damage

Additional Punishment for Arson
• In addition to a punishment of incarceration, a
person found guilty of arson may be fined or
ordered to pay restitution.
• This is often determined by the amount of
damages caused by the fire. For instance, if Lisa
burned a building down and the resulting
damage was $100,000, she could be ordered to
pay the owner the entire amount of damages.

• If a person commits another crime in conjunction
with the arson, additional penalties may be imposed.
For example:
• Jack forcefully enters another person’s home by kicking
in the front door. He steals the homeowner’s valuable
jewellery and the money from their safe before starting
a fire to cover up the crime. Jack is arrested a short time
later and faces the following charges:
• Breaking and entering
• Larceny
• Arson

Arson Statistics
• Although the penalties are stiff, arson is a
frequently committed crime. Some facts and
statistics concerning arson include:
• Arson involving buildings accounts for over 45
percent of arson offenses.
• Arson involving other types of property accounts
for over 29 percent of arson offenses.
• The average loss per arson offense is around
$17,000.
• In the United States, there are around 20 arson
offenses per 100,000 people.

Arson Statistics
• Sixty-five percent of structure fires caused
by arson include occupied homes or
buildings.
• Half of all intentionally set home fires take
place in the evening and night time hours.
• From 2007 to 2011, 420 people died due to
arson and 1,360 people suffered injuries.
• Two out of five people charged with arson
are under the age of 18.

The Crime of Arson in Indian Laws
• Arson is defined as a crime of intentionally and
maliciously setting fire to buildings, wild land areas,
abandoned homes, vehicles or other property with the
intention of causing damage.
• It is distinguished from other causes such
as spontaneous combustion, accidental fires, and
natural wildfires.
• Arson often involves fires deliberately in setting to the
property of another or to one's own property for
collecting compensation of the insurance. A person who
will be committing this crime is termed as an arsonist.
More often than not, arsonists use accelerants to
ignite, propel and directionalize fires.

The Crime of Arson in Indian Laws

The crime of arson is defined in the IPC Section 435
and IPC Section 436 and it is stated below:
• Section 435 in The Indian Penal Code
• 435. Mischief by fire or explosive substance with
intent to cause damage to amount of one hundred or
(in case of agricultural produce) ten rupees.—
Whoever commits mischief by fire or any explosive
substance intending to cause, or knowing it to be likely
that he will thereby cause, damage to any property to
the amount of one hundred rupees or upwards 1[or
(where the property is agricultural produce) ten rupees
or upwards], shall be punished with imprisonment of
either des c r i p tion for a term which may extend to
seven years, and shall also be liable to fine.

Section 435 in The Indian Penal
Code

The crime of arson is defined in the IPC Section 435
and IPC Section 436 and it is stated below:
• Section 436 in The Indian Penal Code
• 436. Mischief by fire or explosive substance with
intent to destroy house, etc.—Whoever commits
mischief by fire or any explosive substance, intending
to cause, or knowing it to be likely that he will thereby
cause, the destruction of any building which is
ordinarily used as a place of worship or as a human
dwelling or as a place for the custody of property, shall
be punished with 1[imprisonment for life], or with
imprisonment of either des c r i p tion for a term
which may extend to ten years, and shall also be
liable to fine.

Section 436 in The Indian Penal
Code

How to Prevent Arson in Your Community?
• Arson robs communities of its valuable
assets, lives, and property. Arson destroys
more than buildings; it can devastate a
community resulting in the decline of the
neighbourhood through increased insurance
premiums, loss of business revenue, and a
decrease in property values.

How to Prevent Arson in Your
Community?
• Communities can develop a Watch Program,
partnering with their local fire department,
law enforcement, insurance providers, business
leaders, churches, and local community
groups.
• Neighbourhoods can reduce the likelihood of
arson occurring by promoting neighbourhood
watches, educating people about recognizing and
reporting unusual activities, and implementing
improved internal and external security for homes
and businesses.

Establishing a Community Arson
Watch Program

How to Prevent Arson in Your
Community?
• A community Arson Watch Program can
put the neighbour back into neighbourhood
by creating a sense of cooperation.
• It brings the fire service, law enforcement, and
citizens together to reduce the crime of arson.

Establishing a Community Arson
Watch Program
• Analyze the specific local problem and collect
related data. Strategies that address the problems
in a given area must be mapped out. From the
outset, it is essential to facilitate neighbours
working together.
• This effort provides an opportunity for
neighbours to meet and get to know each other,
something that has become less common lately.
Yet, it is crucial to include neighbourhood
involvement for the process to be successful.

Build a partnership between fire and emergency
services, the police and other law enforcement
agencies, and the residents.
• This is often the most difficult step to hurdle
because there is usually angst between the
residents and law enforcement for the existing
crime problem that exists in their community.

Build a partnership between fire and emergency
services, the police and other law enforcement
agencies, and the residents.

Assess the needs of a given neighbourhood and in the
case of arson, how the fire and police departments
can work with the residents
• Neighbourhood Watch in the USA states,
“In many cases, law enforcement and
community members do not have the same
focus. For instance, law enforcement may be
focusing their attention on a problem that the
neighbourhood is not concerned about, such as
attempting to address major crimes throughout
the city.

• On the other hand, community members
may be more concerned about crimes such
as bicycle thefts or graffiti, which are
considered minor from a police standpoint.”
An effective Neighbourhood Arson Watch
program will combine the needs of the fire and
police departments with those of the
neighbourhood when determining which
problems to focus on and the methods used to
address them.

Set up a Neighbourhood Watch program by
choosing and training a dynamic group of volunteers
that are led by organized and motivated leaders.
• If the group leaders are devoid of
motivation and organization, the volunteers
may be uninspired to participate and will
quickly quit out of disappointment and
frustration.
• Select the leaders wisely and give the leaders
reasons to be proud of their role.

Set up a Neighbourhood Watch program by choosing and
training a dynamic group of volunteers that are led by
organized and motivated leaders.

Develop meaningful projects specific to the
identified problem
• Often, after a Neighbourhood Watch has
addressed its original issue, members lose
interest. It is important for leaders to remain
passionate and committed for the long term.
• One way to accomplish this is to design new
projects so that there is always a goal towards
which the team of volunteers is aspiring.
• Arson prevention projects should focus on
identifying and removing what could burn or
materials that an arsonist could use to start a fire,
such as

identified problem
• Clean up the neighbourhood by removing
all garbage, material, and excess vegetation
that is capable of being ignited.

identified problem

identified problem
• Remove all possible sources of ignition such
as flammable liquids and unused gas
containers.

Develop meaningful projects specific to
the identified problem

• Remove abandoned vehicles (Cars).
According to the USFA’s NFIRS data and the
NFPA, there is an annual estimated average of
25,328 intentional fires involving vehicles.
Most car fires are started to cover up other
criminal activity or simply as an act of
vandalism. An abandoned car is a target for
arson.

Remove abandoned vehicles (Cars)

• Secure abandoned and vacant homes which
are potential arson targets.
• This may be comprised with additional locks
or the boarding up of broken windows or other
openings with plywood.
• Communicate with the owner that
authorities are concerned about the vacant
home and explain why.

• Encourage the fire department to conduct
frequent fire code inspections.

• Contact public works to disconnect all
utilities at the street.
• This includes natural gas, water, and
electricity. If there are liquefied petroleum gas
tanks, they should be disconnected and
removed.

Develop meaningful projects specific
to the identified problem

• Encourage Neighbourhood Watch members
to patrol these areas and write down
descriptions, license plates of suspicious
vehicles, and potential suspect descriptions.

Arson Prevention: Businesses
• Each year there are over 500 arson attacks
on eating and drinking establishments,
stores, mercantile properties, and office
buildings. You can help prevent your business
from becoming one of these statistics with a
few straightforward safety measures.

• Identify all of the means in which someone
could deliberately start a fire inside or
outside your business or office. Bathrooms
are the leading area of origin for intentional
structure fires that occurred in stores or offices.

• Be aware that small fires are all too often a
warning of worse events to come. Have there
been small fires in your business previously?
Have you heard about other fires occurring
locally?

• Be on the lookout for other forms of
vandalism, including graffiti or damage to
nearby businesses.

• Remind employees and staff of the threat of
arson and have them report any suspicious
behaviour. Be sure to teach them how to
identify suspicious behaviours

• Perform a risk assessment. Piles of trash,
rubbish, or recyclables leave the business
particularly vulnerable to an arsonist providing
an accessible fuel for a fire.

• Analyze the vulnerability of your office or
business by looking at the building and
what goes on within it. Note possible ways in
which fires could be started deliberately.

• Identify the susceptible points both inside
and outside the buildings and in the
external areas within the building
perimeter. In addition, consider the area in
which your business or office is located in
order to assess the likelihood of an arson attack
in the neighbourhood.

• Remove all possible sources of ignition such
as flammable liquids and gases, combustible
materials including trash, furnishings, and
other combustible elements of the structure.

• Equip your business or office with fire
sprinklers. If a fire is set, having sprinklers
installed is the best way to save lives and to
protect your property.

The International Association of
Arson Investigators (IAAI)
• The International Association of Arson Investigators
(IAAI) is a group of professional individuals who aid
in fire investigations.
• They also provide resources such as training, research,
and up-to-date technology to fire departments and
investigators around the world. As of 2014, there are
over 8,000 members of the IAAI throughout the United
States. In addition to performing investigation and
training duties, the organization works to help those
impacted by arson.
• https://www.firearson.com/

The International Association of Arson
Investigators (IAAI)

Related Legal Terms and Issues
• Larceny – the act of stealing someone’s
personal property.
• Breaking and Entering – using force to enter
a home or business without permission from
the owner.
• Restitution –compensation paid to a person or
entity for their injuries or losses.
• Arsonist- a person who commits arson.

References
• Arson
• https://en.wikipedia.org/wiki/Arson
• Arson
• What is Arson?
• https://criminal.findlaw.com/criminal-charges/arson.html
• Arson: The Crime And The Law
• https://www.firehouse.com/leadership/article/10545543/arson-the-crime-and-the-law
• Arson Investigation
• http://ifsr.in/audio-video-forensics/arson-investigation/
• Forensic investigations in an arson case
• https://www.ncbi.nlm.nih.gov/pubmed/7776870
• How to Prevent Arson in Your Community
• https://www.wikihow.com/Prevent-Arson-in-Your-Community
• The Crime of Arson in Indian Laws
• http://www.pathlegal.in/-The-Crime-of-Arson-in-Indian-Laws-blog-1298839

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Arson Laws, Degrees and Statistics

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