Arson
Arsonists redirects here. For the Bushwick, Brooklyn rap group, see: Arsonists (rap group). |
The Skyline Parkway Motel in Afton, Virginia after an arson fire on July 9, 2004. |
Arson is the
crime of setting a
fire with intent to cause damage. The criminal damage of property in
English law has been consolidated into a single offence in the
Criminal Damage Act 1971 although the use of the word has been retained.
The
common law definition of arson originally contained four elements; the crime required the
malicious act of burning the
dwelling of another person. Although arson fires are referred to as
incendiary, not all incendiary fires are considered arson, the difference being malicious intent.
Every state in the Union has an arson
statute except
Hawaii which covers arson crimes under its criminal mischief or property destruction staute.
Federal law governs arsons that damage or destroy property that affects
interstate commerce. The elements of these statutes are similar in nature.
The first element, "malice," required that the person responsible for the burning must have intended the structure to be damaged by fire, or must have known that there was an obvious risk that the structure would be damaged and shown
reckless disregard for this risk. This element of the common law has been changed by statutes in many jurisdictions. Willful or
negligent misconduct resulting in a
forest fire, e.g., tossing a spent match or
cigarette out of a vehicle in a closed area, is also subject to
prosecution under many arson statutes.
The second element, "burning," required that the fire cause actual damage to the property. Under the quaint language of the common law courts, "scorching" of the surface was not enough; the property had to at least suffer "charring," meaning that there had to be some damage to the fiber of the wood or other such material from which the dwelling was constructed.
The third element was that the structure had to be a "dwelling" - a place where another person regularly slept (even if the structure was also used as a business, or was temporarily abandoned at the time). This requirement has also been largely abandoned under modern statutes. Where the common law limited arson to setting fire to dwellings, statutes have expanded the crime to include the burning of other structures, such as
bridges,
vehicles, and
commercial or
private property.
 |
A car after it was set on fire. Under the common law, this would not be arson; but modern arson statutes would cover this. |
The fourth element required that the dwelling be the property of another. Because the common law developed long before the advent of
fire insurance, it was inconceivable that a person would burn his own dwelling, and a person could not be held accountable for such an act. A separate common law crime called "houseburning" could be used to deal with a person who burned his own house if that act created a danger to the homes of others. Under modern arson statutes, however, setting fire to one's own
property to
defraud an
insurance company is also a form of arson. In some jurisdictions, setting fire to
mortgaged property without the consent of
both the owner and the mortgagee is punishable as arson.
Very often statutes distinguish several degrees of arson. For example arson committed at night is usually deemed as being more serious than that committed during daytime. These statutes may also address the use of petrol bombs (also known as
Molotov cocktails) or
accelerants, which can cause more severe and widespread destruction with little effort.
Arsonists' motives vary. Many fire setters suffer from
mental illnesses.
Schizophrenia is sometimes observed in arsonists.
Pyromania, a
DSM Axis I diagnosis is uncommon, but can drive
serial arsonists to set many dangerous fires. Some arsonists set fires that allow them to appear as heroes, rescuing endangered people or extinguishing the fire themselves.
Arson for profit often involves a false or fraudulent
insurance claim in an attempt to recoup business loses by destroying property. These fires can be extremely large when the insured property is significant. Many commercial and vehicle arsons are profit motivated.
Domestic violence sometimes involves arson. Victims' property is often damaged or destroyed, physical safety can be compromised, and sometimes,
personal injury occurs through the use of fire.
Revenge motivation can generate dangerous fires, as a fire setter's rage contributes to the conflagration.
Vandalism is frequently behind arsons perpetrated by
juvenile fire setters. Vandalism through fire can occur in vacant or abandoned buildings. Cities often regulate or encourage owners to secure vacant buildings.
Fire departments aggressively attack fires in abandoned buildings because transient or homeless people often dwell inside.
A
forensic science,
fire investigation seeks to determine a fire's
origin and cause. During a fire investigation, indicators of an
incendiary fire can help guide the investigator. The presence of an
accelerant or ignitable liquid such as a
petroleum distillate where it should not be can indicate an incendiary fire or arson. Specially trained
dogs, known as accelerant detection canines, help investigators pinpoint areas to examine. Areas suspected to contain ignitable liquids can be collected by investigators and sent to
forensic laboratories to be examined by instruments using
Gas-liquid chromatography and
Mass spectrometry. These instruments can detect and display the
chemical composition of materials and inform an investigator whether the sample contains an accelerant.
The movie
Backdraft centers on the relationships of firefighters confronting a series of arson fires.
The HBO original movie
Point of Origin, which is based on a book by
John Orr, tells the true story of an arson investigator (
Ray Liotta) searching for the perpetrator of a string of deadly fires in 1980s California. The films presents the methods the arsonist uses to start the fires The film makes use of backward trick photography to show the 'Point of Origin' of every fire that the arsonist started.
In the
CBS TV show
NUMB3RS, a
C.S.I. investigation of an arson-related
fire at an
SUV dealership and other
buildings involves finding a
college-age arsonist and who persuaded him to do it. This episode also featured
Bill Nye as a special guest.
*
crime*
incendiary*
fire*
law*
Fire Investigation*
pyromania*
reckless burning*
The Manual of Crime*
ATF Fire Research Laboratory
