Fire

Crime

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 unlawfully causing a fire when he recklessly 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.)