ABSTRACT

The legal definition of arson varies from state to state. However, a working definition of arson is: the malicious burning of homes, residences, buildings or other types of real property. Malicious burning in this context is intended to also include incendiary explosions as well as fire. In some states, the crime of arson is divided into three degrees. First-degree arson is usually the burning of an inhabited house or building at night. Second-degree arson is the burning at night of an uninhabited building, where "uninhabited" means no humans are inside. Third-degree arson is the burning of any building or property with intent to defraud or injure a third party. Many states now have laws that provide immunity for the reporting of arson or incendiary fires by forensic engineers, adjusters, and other investigators. When evidence is discovered that a crime or arson has been committed, these laws allow the evidence to be confidentially disclosed to appropriate officials without the investigator/employer.