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 North Carolina, arson is considered a serious felony offense. The state categorizes arson into two degrees. First-degree arson involves the burning of an occupied building, which is a Class D felony, and second-degree arson pertains to the burning of an unoccupied building, which is a Class G felony. The distinction between occupied and unoccupied is significant, as the potential for harm to individuals is greater in cases of first-degree arson. Additionally, North Carolina law recognizes other arson-related offenses, such as burning of personal property, which can also be charged as felonies depending on the circumstances and value of the property involved. The motive of insurance fraud, where the property owner intentionally sets fire to their property to claim insurance money, is a common example of criminal intent in arson cases. Under federal law, arson is illegal when it involves the use of fire or explosives to damage or destroy property used in interstate or foreign commerce, or any property associated with activities affecting interstate or foreign commerce. Penalties for arson under federal law can be severe, especially when the arson results in injury or death, or involves federal property.