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 Washington State, arson is classified as a serious felony offense. The state recognizes different degrees of arson based on the severity of the act and its consequences. First-degree arson (RCW 9A.48.020) involves knowingly and maliciously causing a fire or explosion which is either manifestly dangerous to any human life, including firefighters, or damages a dwelling or a building where people are normally present. Second-degree arson (RCW 9A.48.030) covers the malicious burning of property without the factors that elevate the crime to first-degree. The presence of intent, such as for insurance fraud, is critical in determining the criminality of the act. If the arson results in physical injury or death, or if it targets certain types of property, penalties can be more severe. Additionally, under federal law, arson is illegal when it involves property used in interstate or foreign commerce, or affects such commerce. This means that arson can be prosecuted at the federal level if it meets these criteria, potentially leading to more significant penalties.