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 New Mexico (NM), arson is defined as the willful and malicious burning of property and is considered a serious felony offense. The severity of the charge and the potential penalties depend on factors such as the type of property damaged, whether the fire caused injury or death, and the value of the property. New Mexico statutes categorize arson into different degrees, with first-degree arson being the most severe, typically involving occupied structures and potentially leading to significant prison time. Additionally, if the arson is committed with the intent to commit insurance fraud, this can lead to additional charges and penalties. Under federal law, arson is also a crime when it involves property used in interstate or foreign commerce, or affects such commerce. This means that if the property burned has a connection to commercial activity across state lines or international borders, federal charges could also apply. Penalties under federal law can be severe, including imprisonment, fines, and restitution.