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Topics: Criminal law, Arson, Property Pages: 5 (1212 words) Published: September 29, 2014
Arson

The crime of maliciously, voluntarily, and willfully setting fire to the building, buildings, or other property of another or of burning one's own property for an improper purpose, as to collect insurance.

Criminal law

Part of the common law series
Element (criminal law)
Actus reus
Mens rea
Causation
Concurrence
Scope of criminal liability
Complicity
Corporate
Vicarious
Seriousness of offense
Felony
Misdemeanor
Inchoate offenses
Attempt
Conspiracy
Incitement
Solicitation
Offence against the person
Assault
Battery
Criminal negligence
False imprisonment
Kidnapping
Mayhem
Robbery
Sexual assault

Homicide
Murder
Felony murder
Manslaughter
Negligent homicide
Vehicular homicide
Crimes against property
Arson
Blackmail
Burglary
Embezzlement
Extortion
False pretenses
Fraud
Larceny
Possessing stolen property
Robbery
Theft
Crimes against justice
Compounding
Misprision
Obstruction
Perjury
Malfeasance in office
Perverting the course of justice
Defences to liability
Automatism
Consent
Defence of property
Diminished responsibility
Duress
Entrapment
Ignorantia juris non excusat
Infancy
Insanity
Justification
Mistake (of law)
Necessity
Provocation
Self-defence
Other common law areas
Contracts
Evidence
Property
Torts
Wills, trusts and estates
Portals
Criminal justice
Law
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The Skyline Parkway Motel at Rockfish Gapafter arson on July 9, 2004. Arson[1] is the crime of intentionally and maliciously setting fire to buildings, wildland areas,[2] vehicles [3][4] or other property with the intent to cause damage. It may be distinguished from other causes such as spontaneous combustion and natural wildfires. Arson often involves fires deliberately set to the property of another or to one's own property as to collect insurance compensation.[5] A person who commits this crime is called an arsonist. More often than not, arsonists use accelerants (such as gasoline or kerosene) to ignite, propel, and directionalize fires.

Cars in Hackney, Greater London after arson during the 2011 England Riots English common law[edit]
These are the elements:
1. The malicious
2. burning
3. of the dwelling
4. of another
[according to whom?]
The malicious – for purposes of common law arson "malicious" means action creating a great risk of a burning. It is not required that the defendant acted intentionally or willfully for the purpose of burning a dwelling.[original research?] "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. On the other hand mere discoloration from smoke was insufficient. Actual damage to the material from which the structure was built is required.[6] Damage to surface coverings such as carpets and wallpaper is insufficient.[6] Arson was not limited to the burning of wooden structures. Any injury or damage to the structure caused by exposure to heat or flame is sufficient. of the dwelling – dwelling means a place of residence. The destruction of an unoccupied building was not considered as arson, "since arson protected habitation, the burning of an unoccupied house did not constitute arson." At common law a structure did not become a residence until the first occupants had moved in and ceased to be a dwelling if the occupants abandoned the premises with no intention of resuming their residency.[7] Dwelling includes structures and outbuildings within the curtilage.[8] Dwellings were not limited to houses. A barn could be the subject of arson if it was occupied as a dwelling. of another – burning one's own dwelling does not constitute common law arson. However, for purposes of common law arson possession or occupancy rather than title determines whose dwelling the structure is.[8] Thus a tenant who sets fire to his rented house would not be guilty of common law arson,[8] while the landlord who set fire to a rented dwelling house would...
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