ARSON
arson,n.1. At common law, the malicious burning of someone else’s dwelling house or
outhouse that is either appurtenant to the dwelling house or within the curtilage. [Cases: Arson 1.
C.J.S. Arson §§ 2–3.]
“The thing that is burnt must be a ‘house’, but this word has a large meaning; already in 1220
we find the burning of a barn that was full of corn treated as a felony.” 2 Frederick Pollock &
Frederic W. Maitland, History of English Law Before the Time of Edward I 492 (2d ed. 1899).
“The burning of one’s own dwelling to collect insurance did not constitute common-law
arson. It was generally assumed in early England that one had the legal right to destroy his own
property in any manner he chose.” Denis Binder, “Arson: Legal Aspects,” in 1 Encyclopedia of
Crime and Justice 80, 80 (Sanford H. Kadish ed., 1983).
“At common law, arson is the wilful and malicious burning of the dwelling house of another.
It may occur during the nighttime or the daytime, and it is an offense against the security of
habitation or occupancy, rather than against ownership or property.” 3 Charles E. Torcia,
Wharton’s Criminal Law § 334, at 324–25 (15th ed. 1995).
- Under modern statutes, the intentional and wrongful burning of someone else’s property
(as to destroy a building) or one’s own property (as to fraudulently collect insurance). See Model
Penal Code § 220.1(1). — Also termed (in Latin) crimen incendii; (in sense 2) statutory arson. Cf.
HOUSEBURNING; CRIMINAL DAMAGE TO PROPERTY.“The term ‘statutory arson’ is
employed to designate the entire area of statutory proscription which is analogous to, but does not
constitute, common-law arson. It is important to have mutually exclusive labels here not only for
the reasons mentioned in the preceding section, but because some of the state statutes provide a
penalty for arson without defining the word and hence adopt the common-law definition.” Rollin
- Perkins & Ronald N. Boyce, Criminal Law 287 (3d ed. 1982).
“(1) Arson. A person is guilty of arson, a felony of the second degree, if he starts a fire or
causes an explosion with the purpose of: (a) destroying a building or occupied structure of another;
or (b) destroying or damaging any property, whether his own or another’s, to collect insurance for
such loss. It shall be an affirmative defense to prosecution under this paragraph that the actor’s
conduct did not recklessly endanger any building or occupied structure of another or place any
other person in danger of death or bodily injury.” Model Penal Code § 220.1 (1997).
aggravated arson.Arson accompanied by some aggravating factor, as when the offender
foresees or anticipates that one or more persons will be in or near the property being burned.
[Cases: Arson 12. C.J.S. Arson § 19.]
arson,n.1. At common law, the malicious burning of someone else’s dwelling house or
outhouse that is either appurtenant to the dwelling house or within the curtilage. [Cases: Arson 1.
C.J.S. Arson §§ 2–3.]
“The thing that is burnt must be a ‘house’, but this word has a large meaning; already in 1220
we find the burning of a barn that was full of corn treated as a felony.” 2 Frederick Pollock &
Frederic W. Maitland, History of English Law Before the Time of Edward I 492 (2d ed. 1899).
“The burning of one’s own dwelling to collect insurance did not constitute common-law
arson. It was generally assumed in early England that one had the legal right to destroy his own
property in any manner he chose.” Denis Binder, “Arson: Legal Aspects,” in 1 Encyclopedia of
Crime and Justice 80, 80 (Sanford H. Kadish ed., 1983).
“At common law, arson is the wilful and malicious burning of the dwelling house of another.
It may occur during the nighttime or the daytime, and it is an offense against the security of
habitation or occupancy, rather than against ownership or property.” 3 Charles E. Torcia,
Wharton’s Criminal Law § 334, at 324–25 (15th ed. 1995).
- Under modern statutes, the intentional and wrongful burning of someone else’s property
(as to destroy a building) or one’s own property (as to fraudulently collect insurance). See Model
Penal Code § 220.1(1). — Also termed (in Latin) crimen incendii; (in sense 2) statutory arson. Cf.
HOUSEBURNING; CRIMINAL DAMAGE TO PROPERTY.“The term ‘statutory arson’ is
employed to designate the entire area of statutory proscription which is analogous to, but does not
constitute, common-law arson. It is important to have mutually exclusive labels here not only for
the reasons mentioned in the preceding section, but because some of the state statutes provide a
penalty for arson without defining the word and hence adopt the common-law definition.” Rollin
- Perkins & Ronald N. Boyce, Criminal Law 287 (3d ed. 1982).
“(1) Arson. A person is guilty of arson, a felony of the second degree, if he starts a fire or
causes an explosion with the purpose of: (a) destroying a building or occupied structure of another;
or (b) destroying or damaging any property, whether his own or another’s, to collect insurance for
such loss. It shall be an affirmative defense to prosecution under this paragraph that the actor’s
conduct did not recklessly endanger any building or occupied structure of another or place any
other person in danger of death or bodily injury.” Model Penal Code § 220.1 (1997).
aggravated arson.Arson accompanied by some aggravating factor, as when the offender
foresees or anticipates that one or more persons will be in or near the property being burned.
[Cases: Arson 12. C.J.S. Arson § 19.][Blacks Law 8th]