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At Common Law, the malicious burning or exploding of the dwelling house of another, or the burning of a building within the curtilage, the immediate surrounding space, of the dwelling of another.
Modern legislation has extended the definition of arson to include the burning or exploding of commercial and public buildings—such as restaurants and schools—and structures—such as bridges. In many states, the act of burning any insured dwelling, regardless of whether it belongs to another, constitutes arson if it is done with an intent to defraud the insurer. Finally, the common-law rule that the property burned must belong to another person has been completely eliminated by statute in some states.
The main elements necessary to prove arson are evidence of a burning and evidence that a criminal act caused the fire. The accused must intend to burn a building or other structure. Absent a statutory description of the conduct required for arson, the conduct must be malicious, and not accidental. Malice, however, does not mean ill will. Intentional or outrageously reckless conduct is sufficient to constitute malice. Motive, on the other hand, is not an essential element of arson.
Unless a statute extends the crime to other property, only a house used as a residence, or buildings immediately surrounding it, can be the subject of arson. If a house is vacated, is closed up, or becomes unfit for human habitation, its burning will not constitute arson. A temporary absence from a dwelling will not negate its character as a residence.
Generally, the actual presence of a person within a dwelling at the moment it is burned is not necessary. It may, however, be required for a particular degree of the crime. The fact, and not the knowledge, of human occupancy is what is essential. If a dwelling is burned under the impression that it is uninhabited when people actually live in it, the crime is committed.
Absent a statute to the contrary, a person is innocent of arson if that individual burns his or her own property while living there. The common exception to this rule is the burning of one's own property with an intent to defraud or prejudice the property insurer. In addition, under statutes that punish the burning of a dwelling house without expressly requiring it to be the property of another, a person who burns his or her own property might be guilty of arson. An owner, for purposes of arson, is the person who possesses the house and has the care, control, and management of it. In those states that have maintained the common-law rule that the property burned must belong to another person, an owner who burns his or her house while it is in the possession of a lawful tenant is guilty of arson.
In many states arson is divided into degrees, depending sometimes on the value of the property but more commonly on its use and whether the crime was committed in the day or night. A typical statute might make the burning of an inhabited dwelling house at night first-degree arson, the burning of a building close enough to a dwelling so as to endanger it second-degree arson, and the burning of any structure with an intent to defraud an insurer thereof, third-degree arson. Many statutes vary the degree of the crime according to the criminal intent of the accused.
Arson is a serious crime that was punishable by death under the common law. Presently, it is classified as a felony under most statutes, punishable by either imprisonment or death. Many jurisdictions impose prison sentences commensurate with the seriousness of the criminal intent of the accused. A finding, therefore, that the offense was committed intentionally will result in a longer prison sentence than a finding that it was done recklessly. When a human life is endangered, the penalty is most severe.
DEGREES, academical. Marks of distinction conferred on students, in testimony of their proficiency in arts and sciences. They are of pontifical origin. See 1 Schmidt's Thesaurus, 144; Vicat, ad voc. Doctores Minshew, Dict. ad voc Bacheler; Merl. Rep ad voc Universite; Van Espen, p. 1, tit. 10, c. Giaunone Istoria, di Napoli, lib. xi. c. 2, for a full account of this matter.