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 Hawaii, arson is considered a serious felony offense. The state's penal code categorizes arson into different degrees based on the severity of the act and its consequences. First-degree arson involves intentionally or knowingly starting a fire or causing an explosion that either causes bodily injury, damages a dwelling or a structure where people are normally present, or involves a property valued over a certain monetary threshold. Second-degree arson covers other intentional burning of property without the factors elevating it to first-degree. The motive of insurance fraud, where a property owner intentionally sets fire to their property to claim insurance money, is a common example of arson. This act would be prosecuted under the state's arson statutes and could also lead to insurance fraud charges. Additionally, under federal law, arson is illegal when it involves property used in interstate or foreign commerce, or affects such commerce. This means that if the property burned has a connection to commercial activity across state lines or international borders, federal arson statutes may apply, potentially leading to federal charges alongside state charges.