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 Dakota, arson is defined as the intentional burning of property with criminal or fraudulent intent, such as for insurance fraud. 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 serious form, involves setting fire to an occupied structure and is a Class 2 felony. Lesser degrees of arson may involve unoccupied structures, property damage, or endangering human life, and these are classified accordingly with varying penalties. Additionally, arson resulting in bodily injury or death can lead to more severe charges. Under federal law, arson is also a crime when it involves property used in interstate or foreign commerce, or affects such commerce. The federal arson statute can be applied when the criminal act transcends state lines or has a federal nexus.