Arson charges vary by state. Nevertheless, most states specific that arson occurs when an individual intentionally and maliciously damages or destroys property by fire or explosion. Intent is the key in filing arson charges. Arson can be charged whenever there is proof that the person intentionally started the fire. In most jurisdictions, those assisting in the perpetration of arson are charged with arson, not merely being an accomplice to arson. Generally, several criteria are taken into consideration when charging a perpetrator with arson. First-degree arson is charged when persons are harmed or killed because of the fire and it occurs in homes, schools, and churches. Second-degree arson occurs when there is considerable destruction of property in unoccupied structures and vehicles. Third degree arson is the willful destruction of property. Arson may also be prosecuted as a misdemeanor, “criminal mischief,” or “destruction of property.”