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Concept
Arson
Summary
Arson is the crime of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, watercraft, or forests. The crime is typically classified as a felony, with instances involving a greater degree of risk to human life or property carrying a stricter penalty. Arson which results in death can be further prosecuted as manslaughter or murder. A common motive for arson is to commit insurance fraud. In such cases, a person destroys their own property by burning it and then lies about the cause in order to collect against their insurance policy.
A person who commits arson is referred to as an arsonist, or a serial arsonist if arson has been committed several times. Arsonists normally use an accelerant (such as gasoline or kerosene) to ignite, propel, and direct fires, and the detection and identification of ignitable liquid residues (ILRs) is an important part of fire investigations. Pyromania is an impulse control disorder characterized by the pathological setting of fires. Most acts of arson are not committed by pyromaniacs.
The term derives from Law French arsoun (late 13th century), from Old French arsion, from Late Latin ārsiōnem "a burning," (acc.) from the verb ardēre, "to burn."
The Old English term was bærnet, lit. "burning"; and Edward Coke has indictment of burning (1640). Arsonist is from 1864.
Historically, the common law crime of arson had four elements:
The malicious
burning
of the dwelling
of another
Malicious For purposes of common law arson, "malicious" refers to action creating a great risk of a burning.
Burning At common law charring to any part of dwelling was sufficient to satisfy this element. No significant amount of damage to the dwelling was required. Any injury or damage to the structure caused by exposure to heat or flame is sufficient.
Of the dwelling 'Dwelling' refers to a place of residence. The destruction of an unoccupied building was not considered arson: ".
Official source
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