Arson
What is Arson?
Arson occurs when a person willfully and maliciously sets fire or burns or causes the burning of any structure, forestland, or property.
What is Unlawfully causing a fire?
Is to recklessly setting fire to, burning or causing to be burned, any structure, forestland, or property.
What is Arson, or Unlawfully causing a fire is classified as what?
Felony
What is a structure?
any building, commercial or public tent, bridge, tunnel or power plant
Penal Code for Possession of Flammable or Combustible Material
Penal Code Section 453(a)
What else is included in Arson?
Includes the aiding, counseling, or procuring of arson.
Yes as long as it starts a fire
Willfully and maliciously starting a fire with the intent to cause damage is under what Penal Code?
Penal Code 451
What is a forestland?
any brush covered land, cut over land, forrest, grasslands, or woods
Penal Code for Arson Insurance Fraud
Penal Code Section 548
Arson is covered under what Penal Code?
PC 451
What PC(s) are unlawfully causing a fire?
Penal Code 452 is what?
Causing a fire spread to any structure, forestland, or property through reckless actions.
Property includes what?
money, labor, animals, crops, or personal items
Penal Code for accidental personal Arson
Penal Code Section 451(d)
What 4 elements have to be present to make an arrest for arson?
1: Willfully and maliciously
2: Sets fire to or burns or causes to be burned
3: Aids, counsels, or procures the burning of
4: Any structure, forestland, or property
What are the crime classifications of the PC(s)
Recklessly, PC (452); felony
Unlawfully causing a fire which causes injury, PC 452(d); misdemeanor
Unlawfully causing a fire of property is classified as what?
What is the definitionof Maliciously?
a wish to vex, defraud, annoy, or injure another person or an intent to do a wrongful act, established either by proof or presumption of law
Crime Elements of Possession of Flammable or Combustible Material
Possession or manufacture of f/c material or any incendiary device.
intent to willfully and maliciously use
To set fire to or burn any structure, forestland, or property.
What is the difference between Arson and Unlawfully causing a fire?
Arson is with the intent to set fire, while unlawfully causing of a fire is to set fire recklessly.
What elements need to be present to make an arrest for Unlawfully causing a fire?
1: any person who recklessly sets fire to or burns or causes to be burned
2: any structure, forestland, or property
What is Penal Code 452 (d)
Unlawfully causing a fire of property.
What does recklessly mean?
means a reasonable person is aware of and consciously disregards a substantial and unjustifiable risk that his or her act will set fire to, burn, or cause to burn a structure, forrest, or property,
"Possession of Flammable or Combustible Material" Crime Classification
Felony