Arson - sustany/dvg GitHub Wiki

Arson is a crime at�common law, originally defined as �the malicious burning of the dwelling of another.� However, the definition changes slightly depending upon the jurisdiction. For some jurisdictions, arson is the intentional setting of a fire to a building, others it is the intentional setting of a fire to a building where people live. Additionally, there are some minor differences between arson at the state and federal level.�

Arson as a�State Crime

Most states no longer require that the property damaged or destroyed be a dwelling or even a building. Generally, the act of�knowingly burning personal property without consent or with unlawful�intent�is enough to constitute arson.�Although arson is generally a�felony, many State laws include�different degrees of severity�depending on the defendant's intent, how the fire or explosion was caused, and whether the fire or explosion�resulted in physical injury or death. The penalties associated with a conviction of arson vary widely depending on the degree of arson.�For example, the�New York Penal Law includes five possible degrees of arson, where the fifth degree is a class A�misdemeanor�punishable by no more than�year in jail, and the first degree is a class A-1 felony carrying a minimum sentence of 15 years�and a maximum sentence of 25 years. See�NY Penal Law Article 70.�

Arson as a Federal Crime

Under�18 U.S.C.�� 844(i), it is a federal crime to damage or destroy, "by means of fire or an explosive, any . . . property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce." Any person found guilty of arson under this statute�may be sentenced to a maximum of 20 years in jail, with a minimum of 5 years. If a violation resulted in personal injury to any person, the maximum sentence is 40 years in jail, with a minimum of 7 years.�In�Jones v. U.S., 529 U.S. 848 (2000), the Supreme Court held that arson of an owner-occupied private residence not used for any commercial purpose is not subject to federal prosecution under�� 844(i), which covers only property used in an activity affecting commerce.

See also:�Arson with intent to defraud an insurer;United States v. Miller, 246 Fed.Appx. 369, 372 (6th Cir. 2007)