Fire: Difference between revisions
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A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property. | A person is guilty of arson when he or she willfully (a purpose or willingness to commit the act, or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage) and 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) sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property. | ||
A person is guilty of unlawfully causing a fire when he recklessly 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. | ||
Revision as of 16:55, 4 June 2022
Crime
A person is guilty of arson when he or she willfully (a purpose or willingness to commit the act, or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage) and 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) sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, 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.
| Harm | Code | PC451 penalty | PC452 penalty | Notes |
|---|---|---|---|---|
| Causing GBI | PC451(a), PC452(a) | 5-7-9 serious, violent prison | 2-4-6 prison wobbler | |
| Habitation | PC451(b), PC452(b) | 3-5-8 serious, violent prison | 2-3-4 prison wobbler | |
| Structure of forest land | PC451(c), PC452(c) | 2-4-6 serious prison | 16-2-3 prison wobbler | |
| Property | PC451(d), PC452(d) | 16-2-3 serious prison | 6-month max misdemeanor |
Caselaw
- People v. Atkins (2001) 25 Cal.4th 76
- Defendant said he was going down victim's house. Defendant's brother's truck seen driving by victim's house before it's on fire. Defendant's wallet and empty beer cans found at scene of fire. Defendant admitted he was trying to burn some weeds and it got out of control. Fire marshall's opinion is that it was intentionally set.
“When the definition of a crime consists of only the description of a particular act, without reference to intent to do a further act or achieve a future consequence, we ask whether the defendant intended to do the proscribed act. This intention is deemed to be a general criminal intent. When the definition refers to defendant's intent to do some further act or achieve some additional consequence, the crime is deemed to be one of specific intent.” ***743 (Hood, supra, 1 Cal.3d at pp. 456–457, 82 Cal.Rptr. 618, 462 P.2d 370.)
Stonewall disapproved. Stonewall is juveniles intentionally set fire to leaves, which went out of control and damaged school. Stonewall said 451 is specific intent, 452 is general intent, and 452 is LIO of 451.
Glover, Fry, and Lopez all follow Stonewall.
Bolden does not.