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 Dakota, arson is defined as the willful and malicious burning or destruction of property and is considered a serious felony offense. The state statutes categorize arson into different degrees based on the severity of the act and its consequences. First-degree arson, which is the most severe, involves burning an inhabited building or causing bodily harm and carries the heaviest penalties. Lesser degrees of arson may involve burning unoccupied structures or property without intent to harm a person. The motive behind arson, such as insurance fraud, can exacerbate the charges and penalties. Additionally, federal law criminalizes arson when it involves property used in interstate or foreign commerce, or affects such commerce. This means that if the arson crosses state lines or involves federal property, federal charges may also apply, potentially leading to more severe consequences.