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 Kentucky, arson is considered a serious felony offense, and the state's legal statutes categorize it into different degrees based on the severity of the act and its consequences. The most severe form, first-degree arson, involves intentionally starting a fire or causing an explosion that results in physical injury or places someone in danger of death or physical injury, and it typically applies to inhabited buildings or structures. Second-degree arson is similar but applies to uninhabited buildings, and third-degree arson involves intentionally damaging property by fire or explosion with the intent to collect insurance for the property damage. 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 with criminal intent. Additionally, federal law criminalizes arson when it involves property used in interstate or foreign commerce, or affects such commerce. Penalties for arson in Kentucky are severe and can include substantial fines and lengthy prison sentences, especially when the arson results in bodily harm or death.