Arson
Illegal act of willfully and deliberately setting fire to property.
Arson is the illegal act of willfully and deliberately setting fire to or charring property. A person who commits arson is referred to as an arsonist, or a serial arsonist if the person has committed arson several times. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, watercraft, or forests.
- field
- Criminal law, fire investigation
- known_for
- Willful and deliberate burning of property
- legal_origin
- English common law
- etymology
- From Law French arsoun, late 13th century
- common_law_elements
- Malicious, burning, of the dwelling, of another
Lore & Background
Arson has been a documented practice for centuries. The term derives from Law French arsoun (late 13th century), from Old French arsion, from Late Latin ārsiōnem 'a burning,' from the verb ardēre, 'to burn.' The Old English term was bærnet, lit. English common law defines arson as 'the malicious burning of the dwelling of another,' with four elements: malicious intent, burning (charring sufficient), of a dwelling (place of residence), and of another's dwelling.
Reader's Guide
Arson is considered distinct from pyromania, an impulse control disorder characterized by an obsession with fire. Most acts of arson are not committed by pyromaniacs. Reckless burning is legally distinct from arson in some jurisdictions, but generally refers to cases where an individual causes a fire which results in death, destruction of property, or injury, through negligence or inattention. Arsonists may set fires during riots, civil unrest, ethnic cleansing or war. An arsonist may commit the crime as an act of war, terrorism, for financial gain (i.e., insurance fraud or arson-for-profit), emotional satisfaction (i.e., firefighter arson, personal entertainment, retribution, or revenge), or in the concealment of another crime like robbery or homicide. Fires are generally set using an accelerant (such as gasoline or kerosene) to ignite, propel, and direct the flames. The detection and identification of ignitable liquid residues is an important part of fire investigations. In the United States, the common law elements of arson are often varied in different jurisdictions. For example, the element of 'dwelling' is no longer required in most states, and arson occurs by the burning of any real property without consent or with unlawful intent. Arson is prosecuted with attention to degree of severity; first degree arson generally occurs when people are harmed or killed, while second degree arson occurs when significant destruction of property occurs.
Did You Know?
- Arson is considered distinct from pyromania, an impulse control disorder.
- English common law required the burned structure to be a dwelling of another person.
- Fires are generally set using an accelerant such as gasoline or kerosene.
Frequently Asked Questions
What is arson in legal terms?
Arson is the criminal act of willfully and deliberately setting fire to or charring property. It is a concept rooted in criminal law and fire investigation.
What are the traditional common-law elements of arson?
Under English common law, a valid arson charge required that the act was malicious, that actual burning occurred, that the property was a dwelling, and that the dwelling belonged to someone other than the perpetrator.
What does the term "serial arsonist" mean?
A serial arsonist is a person who has committed the deliberate, willful burning of property on multiple occasions, distinguishing them from someone responsible for a single incident.
Where does the word "arson" come from?
The term derives from the Law French word "arsoun," which first appeared in English legal usage during the late 13th century.
Does arson apply only to buildings?
No; while buildings are the most common target, the legal definition also extends to the intentional burning of motor vehicles, watercraft, and even forests.
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