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 Oregon, arson is defined under ORS 164.325 and 164.335 and is considered a serious felony offense. The law distinguishes between Arson in the First Degree and Arson in the Second Degree, with the former being more severe. Arson in the First Degree (ORS 164.325) occurs when a person intentionally damages property by starting a fire or causing an explosion and the act recklessly places another person in danger of physical injury or the property is a protected property, such as a residence, school, or place of worship, regardless of its occupancy status. Arson in the Second Degree (ORS 164.335) involves intentionally setting fire to property but without the factors that elevate the crime to the first degree. The motive of insurance fraud, where a property owner intentionally burns their property to file a false insurance claim, would typically be prosecuted under these statutes. Additionally, federal law criminalizes arson when it involves property used in interstate or foreign commerce, or any activity affecting such commerce. Penalties for arson in Oregon can include significant prison time, fines, and restitution, with harsher penalties for first-degree arson, especially if it results in physical injury or death.