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 Idaho, arson is defined as the willful and malicious burning or causing to be burned any property with intent to destroy or damage it. The severity of arson charges in Idaho can vary based on factors such as whether the property was occupied, the type of property, the presence of insurance fraud, and whether the fire caused injury or death. Arson is considered a felony in Idaho, and the state statutes outline different degrees of arson. First-degree arson, for example, involves burning an inhabited dwelling or structure and is the most serious form, potentially leading to imprisonment in the state prison for not more than twenty-five years. Lesser degrees of arson may involve burning personal property or real property without lawful authority, with penalties varying based on the specific circumstances of the crime. Additionally, under federal law, arson is illegal when it involves property used in interstate or foreign commerce, or affects such commerce, and can result in federal charges with severe penalties.