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 Virginia, arson is considered a serious felony offense. The state categorizes arson based on the severity of the act and the type of property involved. Under Virginia Code § 18.2-77, it is a Class 4 felony to willfully and maliciously set fire to or burn any dwelling house or occupied building, regardless of whether it is occupied or vacant. If the arson results in the death of an individual, the offense can be elevated to a capital offense, potentially punishable by life imprisonment or the death penalty. Additionally, Virginia has statutes addressing the burning of other types of property, such as unoccupied buildings, churches, and personal property, with varying degrees of severity and corresponding penalties. Arson with the intent to commit insurance fraud is also a crime in Virginia, and it is treated with equal seriousness. On the federal level, arson is illegal under 18 U.S.C. § 844(i), which prohibits the use of fire or explosives to damage or destroy any property used in interstate or foreign commerce or any property associated with activities affecting interstate or foreign commerce.