Fire - Revision history

Sysop: /* Attempt */

2024-03-24T23:18:14Z

Attempt

← Older revision		Revision as of 23:18, 24 March 2024
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	==Attempt==		==Attempt==

	Under the general-specific rule, PC455 is the attempted version of arson, not Penal Code 664. So attempted arson is a 16-2-3. (People v. Alberts (1995) 32 Cal.App.4th 1424.)		Under the general-specific rule, PC455 is the attempted version of arson, not Penal Code 664. So attempted arson is a 16-2-3. (People v. Alberts (1995) 32 Cal.App.4th 1424.) An unpublished case, People v. Hernandez (2021) 2021 WL 3464167, found that this even applies for PC451(a), arson causing GBI.

	==Enhancement==		==Enhancement==

Sysop at 23:14, 24 March 2024

2024-03-24T23:14:49Z

← Older revision		Revision as of 23:14, 24 March 2024
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	\|Property\|\|PC451(d), PC452(d)\|\|16-2-3 serious prison\|\|6-month max misdemeanor		\|Property\|\|PC451(d), PC452(d)\|\|16-2-3 serious prison\|\|6-month max misdemeanor
	\|}		\|}

			==Attempt==

			Under the general-specific rule, PC455 is the attempted version of arson, not Penal Code 664. So attempted arson is a 16-2-3. (People v. Alberts (1995) 32 Cal.App.4th 1424.)

	==Enhancement==		==Enhancement==

Sysop: /* Enhancement */

2023-06-20T03:00:20Z

Enhancement

← Older revision		Revision as of 03:00, 20 June 2023
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	Prior arson can be used for nickel, strike, and +3-4-5. (''People v. Jones'' (2009) 178 Cal.App.4th 853.)		Prior arson can be used for nickel, strike, and +3-4-5. (''People v. Jones'' (2009) 178 Cal.App.4th 853.)

	Penal Code section 451.1(a): GBI as the result of arson in violation of		Penal Code section 451.1(a): GBI as the result of arson in violation of section 451 [+ 3, 4, or 5 years if one of the following is found true]:
	section 451 [+ 3, 4, or 5 years if one of the following is found true]:
	- (a)(1) previous conviction for Penal Code section 451 or 452,		- (a)(1) previous conviction for Penal Code section 451 or 452,
	- (a)(2) victim was a firefighter, peace officer, or other emergency personnel,		- (a)(2) victim was a firefighter, peace officer, or other emergency personnel,
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	or		or
	- (a)(3) more than one victim is injured.		- (a)(3) more than one victim is injured.


			Penal Code section 451.1(a)(4) and (5) [+ 3, 4, or 5 years]: Arson of multiple
			structures or by use of a device designed to accelerate the fire or delay ignition. The act
			of pouring gasoline in a structure in connection with an arson is the “use of a device
			to accelerate the fire” within the meaning of this enhancement. (People v. Kurtenbach
			(2012) 204 Cal.App.4th 1264).
			• Penal Code section 452.1(a)(4) [+ 1, 2, or 3 years]: Proximately causing multiple
			structures to burn in a single violation of Penal Code section 452.

	==Immigration==		==Immigration==

Sysop: /* Enhancement */

2023-06-20T02:37:36Z

Enhancement

← Older revision		Revision as of 02:37, 20 June 2023
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	Prior arson can be used for nickel, strike, and +3-4-5. (''People v. Jones'' (2009) 178 Cal.App.4th 853.)		Prior arson can be used for nickel, strike, and +3-4-5. (''People v. Jones'' (2009) 178 Cal.App.4th 853.)

			Penal Code section 451.1(a): GBI as the result of arson in violation of
			section 451 [+ 3, 4, or 5 years if one of the following is found true]:
			- (a)(1) previous conviction for Penal Code section 451 or 452,
			- (a)(2) victim was a firefighter, peace officer, or other emergency personnel,
			or
			- (a)(3) more than one victim is injured.
			• Penal Code section 452.1(a): GBI as the result of a felony violation of
			section 452 [+ 1, 2, or 3 years if one of the following is found true]:
			- (a)(1) previous conviction for Penal Code section 451 or 452,
			- (a)(2) victim was a firefighter, peace officer, or other emergency personnel,
			or
			- (a)(3) more than one victim is injured.

	==Immigration==		==Immigration==

Sysop at 13:31, 28 March 2023

2023-03-28T13:31:06Z

← Older revision		Revision as of 13:31, 28 March 2023
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	\|Property\|\|PC451(d), PC452(d)\|\|16-2-3 serious prison\|\|6-month max misdemeanor		\|Property\|\|PC451(d), PC452(d)\|\|16-2-3 serious prison\|\|6-month max misdemeanor
	\|}		\|}

			==Enhancement==

			Prior arson can be used for nickel, strike, and +3-4-5. (''People v. Jones'' (2009) 178 Cal.App.4th 853.)

	==Immigration==		==Immigration==

Sysop: /* Crime */

2022-08-17T16:12:41Z

Crime

← Older revision		Revision as of 16:12, 17 August 2022
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	A person is guilty of unlawfully causing a fire when he recklessly (a 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, forest land, or property. The risk shall be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto) sets fire to or burns or causes to be burned, any structure, forest land or property.		A person is guilty of unlawfully causing a fire when he recklessly (a 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, forest land, or property. The risk shall be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto) sets fire to or burns or causes to be burned, any structure, forest land or property.

			Arson: CALCRIM 1515
			Someone acts maliciously when he or she intentionally does a wrongful act or when he or she acts with the unlawful intent to defraud, annoy, or injure someone else

	{\| class="wikitable"		{\| class="wikitable"

Sysop at 18:34, 5 August 2022

2022-08-05T18:34:35Z

← Older revision		Revision as of 18:34, 5 August 2022
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	Togonon v. Garland (2022) 23 F.4th 876		Togonon v. Garland (2022) 23 F.4th 876

			==Abandoned/Discarded Property==

			[https://scholar.google.com/scholar_case?case=17164676041515354499 In re L.T. (2002) 100 Cal.App.4th 262]

Sysop at 18:12, 5 August 2022

2022-08-05T18:12:13Z

← Older revision		Revision as of 18:12, 5 August 2022
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	\|Property\|\|PC451(d), PC452(d)\|\|16-2-3 serious prison\|\|6-month max misdemeanor		\|Property\|\|PC451(d), PC452(d)\|\|16-2-3 serious prison\|\|6-month max misdemeanor
	\|}		\|}

			==Immigration==

			Arson under PC451 is not an aggravated felony, because of the lack of mens rea requirement, that makes the California crime broader than the federal crime of arson.

			"we conclude that Togonon's conviction under § 451(b) does not categorically match the offense proscribed by 18 U.S.C. § 844(i)."

			Togonon v. Garland (2022) 23 F.4th 876


	==Caselaw==		==Caselaw==
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	Bolden does not.		Bolden does not.

	~~Togonon v. Garland (2022) 23 F.4th 876~~

	People v. Shiga (2019) 34 Cal.App.5th 466		People v. Shiga (2019) 34 Cal.App.5th 466

Sysop: /* Caselaw */

2022-08-05T18:08:22Z

Caselaw

← Older revision		Revision as of 18:08, 5 August 2022
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	;In re V.V. (2011) 51 Cal.4th 1020		;In re V.V. (2011) 51 Cal.4th 1020

	451 requires only “a general intent to willfully commit the act of setting on fire under such circumstances that the direct, natural, and highly probable consequences would be the burning of the relevant structure or property.” Id., 125 Cal.Rptr.3d 421, 252 P.3d at 984. The defendants in V.V. did not need to “know or be subjectively aware that the fire [on the forest property] would be the probable consequence of their acts.” Id., 125 Cal.Rptr.3d 421, 252 P.3d at 985 (emphasis added).		:451 requires only “a general intent to willfully commit the act of setting on fire under such circumstances that the direct, natural, and highly probable consequences would be the burning of the relevant structure or property.” Id., 125 Cal.Rptr.3d 421, 252 P.3d at 984. The defendants in V.V. did not need to “know or be subjectively aware that the fire [on the forest property] would be the probable consequence of their acts.” Id., 125 Cal.Rptr.3d 421, 252 P.3d at 985 (emphasis added).


			:that subjective awareness of the risk that forest land would be burned was not required for conviction. Id., 125 Cal.Rptr.3d 421, 252 P.3d at 985.

	;People v. Atkins (2001) 25 Cal.4th 76		;People v. Atkins (2001) 25 Cal.4th 76

Sysop: /* Caselaw */

2022-08-05T18:07:27Z

Caselaw

← Older revision		Revision as of 18:07, 5 August 2022
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	==Caselaw==		==Caselaw==

			;In re V.V. (2011) 51 Cal.4th 1020

			451 requires only “a general intent to willfully commit the act of setting on fire under such circumstances that the direct, natural, and highly probable consequences would be the burning of the relevant structure or property.” Id., 125 Cal.Rptr.3d 421, 252 P.3d at 984. The defendants in V.V. did not need to “know or be subjectively aware that the fire [on the forest property] would be the probable consequence of their acts.” Id., 125 Cal.Rptr.3d 421, 252 P.3d at 985 (emphasis added).

	;People v. Atkins (2001) 25 Cal.4th 76		;People v. Atkins (2001) 25 Cal.4th 76