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 Delaware, arson is considered a serious felony offense. The state statutes categorize arson into different degrees based on the severity of the act and its consequences. First-degree arson, the most severe form, involves intentionally starting a fire or causing an explosion that recklessly places another person in danger of death or serious physical injury, or damages a building or structure when people are present inside. Second and third-degree arson involve setting fires or causing explosions with various levels of intent and risk to property and life, but without the presence of individuals in the building or with less risk of harm to others. The motive of insurance fraud, where a property owner intentionally burns their property to file a false insurance claim, is a common example of arson. Under federal law, arson is also a crime when it involves damaging or destroying property used in interstate or foreign commerce, or in any activity affecting interstate or foreign commerce. Penalties for arson in Delaware can include imprisonment, fines, and restitution, with the severity of the punishment typically correlating with the degree of arson and the harm caused.