In a case that was delayed for more than a year due to COVID-19 concerns, Stanley Ford of Akron, Ohio, was finally convicted in 2012 of the death by fire of nine (9) neighbors in 2016 and 2017. A court television report provides extensive coverage of the testimony and evidence in the case against Ford, who suffers from vascular dementia and brain damage. He was sentenced to nine consecutive life sentences. Julio González, the author of the Happy Land fire, killed 87 people in 1990, probably in revenge for his ex-girlfriend; John Leonard Orr, the cause of some 2,000 fires in Los Angeles, who was himself a arson investigator; and Raymond Lee Oyler, who caused 24 fires and $9,000,000 in damages. In Colorado, there are four laws that deal with the crime of arson: Note: “A person does not commit arson if the only thing that is burned is his own personal property, unless he is acting with the intent to cheat, or the fire also injures someone else, or someone else`s structure, forest, or property.” [7] This article discusses the types of arson, federal and state arson laws, and the penalties a person could face if convicted. Several examples of arson are also presented. Arson, unlike other crimes, is not the subject of an exclusive police investigation. Insurance companies also investigate arson, as potential insurance payments have proven to be grounds for arson in too many cases. One study found that following the collapse of the housing market in the late 2000s, the number of residential fires started in the United States increased dramatically because people were trying to collect insurance money for their own homes that could no longer be sold at a profit. Meanwhile, private insurance companies have investigated these arson claims to determine their nature, as many homeowners` insurance policies include arson exclusions. [10] Since arson is usually charged with a crime, defendants are generally fined and imprisoned.
If arson results in the death of people in or near the apartment, an accused can also be charged under the murder rule and risk life in prison. Many states also have special provisions regarding arson and insurance fraud because of the significant portion of fires that are the product of fraudulent intent. Law enforcement agencies and insurance companies have teams of dedicated inspectors who specialize in determining whether arson was the result of fraud. Defendants convicted of arson and insurance fraud face up to 10 years in prison or more. Because Zelda`s intention was to damage the property and trick her insurance company into paying for it, she committed third-degree arson. [11] arsoncontrol.org/tools-resources/arson-reporting-immunity-law-compendium/arson-reporting-immunity-law-compendium-comparison-chart/ In Colorado, arson can be in the first, second, third or fourth degree, depending on: According to the common law and several state laws, a person commits arson if he intentionally burns another person`s apartment, such as a house or apartment. Today, however, many states have abolished the “housing” requirement, requiring only a certain type of property to be burned, even personal property. For example, if a person turns on another person`s shirt, it can be considered arson today, although it certainly does not conform to the common law, the historical definition. [1] Often, the word “malicious” means nothing more than “intentional” to determine the malicious element of arson.
In other cases, the definition is more like very reckless behavior. [12] If you are convicted of arson, in addition to the basic penalty, the court may impose “a fine not exceeding fifty thousand dollars ($50,000), unless the law provides for a higher amount.” See CPC § 456 (a). An interesting wear and tear of arson is that, in certain circumstances, an arsonist can be convicted of murder if a victim dies as a result of arson. In Bonhart v. In the United States, a drug dealer set fire to an apartment after selling crack cocaine to two people who lived in the apartment and refused to pay. One of his clients died in the fire. Although the drug dealer did not intend to kill the person, he could still be convicted of murder under the murder rule. [9] The charge of arson is difficult to defend. Arson is typically investigated by elite law enforcement agencies using advanced chemical analysis to determine the cause of the fire.
Arson experts can take months or even years to fully investigate a case before charges are laid. They consult with firefighters or other public safety officials. Other officers question friends and family of suspects for possible motives for the crime. Rhode Island, as another example, divides arson into seven levels, starting with 7th degree arson – an unauthorized campfire in a public place – punishable by a $100 fine, up to first degree arson, which causes a fire or explosion in an occupied building that poses a significant risk of serious physical harm. which is punishable by a maximum penalty of life imprisonment and, in the event of death, a minimum penalty of 20 years. [8] Many laws vary the degree of criminality depending on the criminal intent of the accused. Some U.S. states use other levels of arson, such as the “fourth” and “fifth” degrees,[15] while some states do not classify arson to any degree. For example, arson in the state of Tennessee is classified as “arson” and “serious arson.” If the investigating insurance company discloses information about a possible arson attack to the police, it is protected against civil defamation lawsuits that may result from the disclosure. [11] Although the Scottish legal system has not defined a crime known as arson by law, there are many offences used to charge those who commit acts that would normally constitute arson in other countries.
Events that constitute arson under UK law may be treated as one or more of the various offences such as intentional arson, culpable and reckless behaviour, vandalism or other offences, depending on the circumstances of the event. For more serious crimes (particularly intentional arson and guilty and reckless behaviour), a life sentence may be imposed. Illinois: Illinois` arson laws state that arson only exists if the property is worth more than $150. There are buildings, such as schools or churches, that do not have a minimum value for arson that needs to be fixed. Intrusion (CPC §602(m)) occurs when a building or property has entered without the owner`s permission. Although it is usually punished as a misdemeanor, trespassing can be combined with a crime such as assault to tighten the sentence in a criminal case if the facts are accurate. The crime is related to arson, as committing arson during an intrusion can lead to charges that both claim in the same trial. Thus, the difference between second- and first-degree arson in Colorado is that first-degree arson applies to buildings and inhabited buildings, and second-degree arson applies to all other properties that have been knowingly damaged by fire or explosives without the owner`s consent. The penalty for arson in Colorado depends on the degree, type and value of the property. At the upper end, arson of a building or structure occupied with explosives can put you in jail for up to 32 years.
In New York, arson is accused of five degrees. First-degree arson is a Class A-1 crime and requires the intent to burn the building with a person inside with an incendiary explosive device. He is liable to a maximum sentence of 25 years` imprisonment for life. In almost all cases, the court will order a person convicted of arson to make amends to the victim whose property has been burned, damaged or destroyed. The element of intent requires the intention to cause damage when the fire is started. It is not necessary that the target property is actually damaged by the fire, and liability can be attached even if the “wrong” property has caught fire. In one case, a man set fire to his wife`s apartment and it spread to a neighbor`s garage and destroyed the neighbor`s car. Although he did not intend to set fire to the neighbor`s car, he could still be convicted of arson for intending to set fire to his wife`s apartment. Although the damage to the neighbor`s car was accidental, the intention to destroy the apartment could be transferred to the destruction of the car. [3] A person commits arson when it is knowingly committed by fire or explosive: Under British law, arson was a common law offence (with the exception of the offence of arson in the Royal Shipyards)[24], which dealt with the criminal destruction of buildings by fire.
The common law offence was abolished by section 11(1) of the Criminal Damages Act, 1971. [25] The 1971 Act makes no distinction according to the type of destruction, except that Article 1(3) requires that, if the destruction is by fire, the offence be charged with arson; Section 4 of the Act provides for a maximum sentence of life imprisonment for a conviction under section 1, whether or not the offence is charged with arson. In Hong Kong, the common law offence was abolished by section 67 of the Crimes Ordinance 1971 (Part VIII, which, as amended by the Crimes (Amendment) Order 1972 [26], reflected the English Criminal Damages Act 1971). [27] Like its English counterparts, section 63 of the 1972 Order provides for a maximum sentence of life imprisonment, and section 60(3) of the Regulations requires that if the damage is caused by fire, the offence be charged with arson. In California, a conviction for arson of property that is not one`s own is a crime punishable by up to three years in prison. Serious arson, which carries the harshest penalty for arson, is punishable by 10 years in life imprisonment in a state prison. Raymond Lee Oyler was eventually convicted of murder and sentenced to death for a fire in Southern California in 2006 that resulted in the deaths of five U.S. Forest Service firefighters; he was the first U.S. citizen to receive such a conviction and punishment for wildfire. [23] We know that even when a fire is caused accidentally, there is often a lot of pressure on police and prosecutors to look for arson as a cause.