![]() ![]() If the fire was started unintentionally, the defendant may have a valid accident defense if charged with arson. This man could be charged with reckless arson under California Penal Code Section 452 PC only if his actions are shown to be widely divergent from how a reasonable person would have conducted the controlled fire.įires that cause substantial damage may often be caused by an error or oversight. While conducting the controlled fire, the wind suddenly picks up and his neighbor's house catches fire. In another example, a man decides to burn some of his own paperwork in his backyard. This business owner could be charged with malicious arson under California Penal Code Section 451 PC as he intentionally started the fire as part of a fraud scheme. Trespassing - California Penal Code Section 602 PCĪ business owner burns down his store one night in order to cash in on his fire insurance policy as part of an insurance fraud scheme. ![]() Burglary - California Penal Code Section 459 PC.Other similar or related offenses include: The defendant set fire to or burned (or assisted in burning) a structure, forest land or property ANDĪ person acts recklessly when he or she is aware of that his or her actions present a substantial and unjustifiable risk of causing a fire, he or she ignores that risk, and ignoring the risk is a gross departure from what a reasonable person would have done in the same situation.Ī person does not unlawfully cause a fire if the only thing burned is his or her own personal property, unless he or she acts with the intent to defraud, or the fire also injures someone else or burns their structure, forest land or property.To prove reckless arson under California Penal Code Section 452 PC, the following elements must be present: California Penal Code Section 451(d) PC – If the defendant’s or someone else’s property is burned as a result of the malicious arson, the defendant can be sentenced to up to three years in prison.California Penal Code Section 451(c) PC – If a non-inhabited structure or forest is burned as a result of the malicious arson, the defendant can be sentenced to up to six years in prison.California Penal Code Section 451(b) PC – If an inhabited building is burned due to malicious arson, the defendant can be sentenced to up to eight years in prison.California Penal Code Section 451(a) PC – If the malicious arson causes another to suffer great bodily injury, the defendant can be sentenced to up to nine years in prison.Malicious arson can involve any of the following felony offenses: Someone acts maliciously when he or she intentionally does a wrongful act or when he or she acts with the unlawful intent to defraud, annoy or injure another person. Someone acts willfully when he or she does it willingly or on purpose. He or she acted willfully and maliciously.The defendant set fire to or burned (or helped someone burn) a structure, forest land or other property AND.To prove malicious arson under California Penal Code Section 451 PC, the prosecutor must be able establish the following elements: Under California Penal Code Section 451 PC, maliciously setting a fire is a serious felony that can result in lengthy prison sentences, and under California Penal Code Section 452 PC, recklessly starting a fire that causes damage and/or injury is a "wobbler" that can also lead to felony charges. ![]() As a result, the crime of arson, or intentionally starting fires, is a very serious offense in California. ![]() Fires are universally feared for their destructive and unpredictable nature and can destroy entire neighborhoods if not controlled. ![]()
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