Arson is the intentional burning of property—such as a building, car, boat, crops, or trees—with criminal or fraudulent intent. The criminal intent or motive behind arson is often insurance fraud—such as when the owner of property intentionally burns it and then files an insurance claim without disclosing the owner intentionally started the fire.
Arson is a felony offense under most state laws, but there are often different degrees of severity, depending on factors such as whether the fire results in physical injury or death. Arson is also a crime under federal law, which makes it illegal to use fire or an explosive to damage or destroy property used in interstate or foreign commerce, or in any activity affecting interstate or foreign commerce.
In California, arson is defined under Penal Code sections 451 and 452 as the willful and malicious setting of a fire to burn structures, forest land, or property. The severity of arson charges can range from a misdemeanor to a felony, depending on the circumstances, such as whether the fire caused injury or death, the type of property burned, and the perpetrator's intent. For example, arson that causes great bodily injury or burns an inhabited structure or property is considered a felony and can result in a prison sentence of up to nine years. If the arson is committed for insurance fraud, it is also treated as a felony with severe penalties. Additionally, California law recognizes 'aggravated arson' with even harsher penalties if the fire causes extensive damage or if the individual has a prior conviction for arson within the past 10 years. Federal arson laws complement state laws and apply when the property involved is used in interstate or foreign commerce or any activity affecting such commerce. Both state and federal laws treat arson as a serious crime with significant legal consequences.