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Arson Arrest

While arson is defined as the willful and malicious setting of a fire to damage or destroy real property, it is sometimes difficult for investigators to determine if the fire was intentionally set. Arson occurs inside a dwelling only when at least one “permanent fixture” is damaged or destroyed. Personal property such as furniture, clothing, or documents does not qualify as “permanent fixtures.” In many cases, arson suspects are actually juveniles in minor acts of mischief that became out of control infernos. Clearly, sentencing in these situations and the arrest procedures drastically differ from those pertaining to adult arson suspects.

Fast Facts

  • Arsonists are not charged according to the motive for which they set a fire, although prosecutors and judges may consider motive in sentencing.
  • A person can be charged with arson for reckless burnings or explosions that threaten injury or damage to occupied structures.
  • Half of all arson arrests are juveniles.

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