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 Wisconsin, arson is defined as the intentional use of fire or explosives to damage or destroy property for a fraudulent or criminal purpose. Wisconsin 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 burning a building while it is occupied, and it is a Class C felony. Second-degree arson involves burning an unoccupied building and is a Class F felony. There are also specific statutes for arson of property other than a building, such as vehicles or boats, which can vary in severity. If the arson results in bodily harm or death, the penalties can be more severe. Additionally, arson for the purpose of insurance fraud is also a crime in Wisconsin. Under federal law, arson is illegal when it involves property used in interstate or foreign commerce, or affects such commerce. The federal arson statute can be applied when the property is connected to commercial or federal interests, and the crime can be prosecuted by federal authorities.