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 South Carolina, arson is considered a serious felony offense. The state categorizes arson based on the degree of severity, which is determined by factors such as the type of property burned, whether the fire caused bodily injury or death, and the perpetrator's intent. First-degree arson involves burning a dwelling or a building where people are present, and it carries the most severe penalties, including a possible prison sentence of up to 30 years. Second-degree arson pertains to burning structures like schools, churches, or manufacturing plants, with penalties of up to 25 years in prison. Third-degree arson covers the burning of other property and can result in up to 15 years in prison. 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. Additionally, under federal law, it is illegal to use fire or explosives to damage or destroy any property used in interstate or foreign commerce, or to affect any activity involving interstate or foreign commerce, which can lead to federal charges if the arson crosses state lines or has a broader economic impact.