Arson

From ArticleWorld

Arson is the criminal act of maliciously burning one's own property, or another's property, with the intention of causing damage to such property.

Arson is a crime heavily frowned upon and seriously penalized by the justice system because it does not only cause monetary losses due to damage or loss of property but because it causes personal injury and sometimes death.

Basic elements

The basic elements of arson are

1. malice or criminal intent
2. the act of burning
3. damage caused to a property

While the basic elements of the crime of arson involves malice in the burning of a dwelling place, and causing damage to the latter, new laws on arson have extended the law's coverage to burning caused by a negligent act. It has also widened the coverage of arson from dwelling places or areas where people sleep, to other properties like vehicles and buildings.

The burning of property requires fire and the components of fire are oxygen or air, fuel and heat. Arsonists ordinarily use a common substance like kerosene to commit arson. This is the reason why the purchase of kerosene and similar fire-causing substances like gasoline is regulated by law.

Prima facie evidence of arson

In some jurisdictions, the possession of materials soaked in kerosene or gasoline, or traces of materials that can set fire, are prima facie evidence of arson. This means the mere possession of such materials by a person accused of arson is evidence that he used the said materials to commit the crime, unless he can debunk the presumption.

Since arson is a crime against property and not a crime of ownership, a person can be indicted for arson committed against one's own property. The penalty for such crime can even be more serious, if it is committed to gain money, by claiming against an insurance coverage.

Malice is a basic element in arson and it must be proved before someone can be indicted for the crime. Malice or spite can be determined through physical and circumstantial evidence.

It does not matter whether or not the process of maliciously burning a property has resulted to a partial or total burning. What is important is that damage has occurred and the other elements are present.

The crime of arson can be qualified several notches higher, depending on the materials or substances used to cause the burning of the property. It also depends on the type of structure burned and the number of people killed because of the burning.