4 ms·
I don't think that's right. For example, in the California Penal Code, "A person is guilty of arson when he or she willfully and maliciously sets fire to or bu
by ridgeguy 10y ago
I don't think that's right. For example, in the California Penal Code,
"A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property." [1]
The incendiary's ownership or not of the property doesn't matter.
[1] https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=451 https://leginfo.legislature.ca.gov/faces/codes_displaySectio....
- biot 10y agoFrom your link: For purposes of this paragraph, arson of property does not include one burning or causing to be burned his or her own personal property unless there is an intent to defraud or there is injury to another person or another person’s structure, forest land, or property.
- ridgeguy 10y agoThank you - I agree it turns on mens rea. Burning one's own property can be criminal arson, depending on intent or result.
- biot 10y agoJust as you'd expect. Whether the property in question are books you own, or a shed, or your entire house it's your property and it's not a crime to turn your property into a bonfire so long as doing so doesn't break other criminal laws.