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 Massachusetts, arson is considered a serious felony offense. The state categorizes arson based on the type of property burned and the circumstances surrounding the act. For instance, Massachusetts General Laws Chapter 266, Section 1 penalizes the willful and malicious burning of a dwelling house, or the aiding or procuring of such burning, which can lead to severe penalties including imprisonment. The severity of the punishment often depends on factors such as whether the arson resulted in bodily injury, death, or was committed for fraudulent purposes like insurance fraud. Additionally, arson of other types of property, such as personal property, buildings other than dwellings, or forest land, is also criminalized under different sections of the Massachusetts General Laws with varying degrees of severity and corresponding penalties. On the federal level, arson is illegal under 18 U.S.C. § 844(i), which prohibits the use of fire or explosives to damage or destroy any property used in interstate or foreign commerce, or any property associated with activities affecting interstate or foreign commerce. The federal law also imposes strict penalties, which can be enhanced if the arson results in injury or death, or involves federal property.