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Arson Laws

Arson laws vary by state, however most describe arson as a fire deliberately and maliciously set to damage or destroy the property of another. This, however, can include setting fire to one’s own property for an unlawful purpose such as insurance compensation. Historically, explosions were not included in arson laws, but today most state arson laws include fire or damage that occurs in this manner as well. The law stipulates that whether or not the entire structure is burned, as long as any portion is burned, the crime of arson has occurred.

Fast Facts

  • Common law definitions of arson only considered the burning of occupied buildings a crime
  • Many states no longer include the stipulation that the fire damage or destroy a building, but merely that it affect any real property
  • Some jurisdictions distinguish between smoke damage, blistering, or cases in which external surfaces are destroyed, and more, but all are considered arson.

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