ABSTRACT

Arson is dešned by law as the malicious and willful burning of another person’s dwelling house or outhouse. ‚e crime is not primarily concerned with the resulting property damage but rather with the danger to which the occupants of the dwelling were exposed by the criminal act. Dwelling has a broad dešnition, encompassing any building. Setting šre to timberlands, prairies, or grasslands is a statutory oŸense. ‚e burning must be willful or malicious to be arson. A person who burns a dwelling while committing a felony, such as burglary, is guilty of arson regardless of the absence of any intent to set the šre or to destroy the house. It is essential to the crime of arson that there be an actual burning of some part of the property. Mere scorching, smoking, or discoloration of the building without any charring, destruction, or actual burning is not su¦cient to be a crime of arson. Arson is considered a felony in all states. 18 USC 81 prohibits arson of any federal installation, structure, and personal property.