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 West Virginia (WV), arson is considered a serious felony offense. The state statutes define different degrees of arson based on the severity of the act and its consequences. First-degree arson involves setting fire to an occupied structure and is punishable by a prison term of not less than two nor more than twenty years. Second-degree arson pertains to burning an unoccupied structure and carries a penalty of one to ten years in prison. Third-degree arson involves burning other personal property and can result in one to three years of imprisonment. The intent behind the arson, such as insurance fraud, is a critical factor in determining the charge and penalty. If the arson results in injury or death, the charges and 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, and can lead to federal charges with potentially harsher sentences.