Arson exists in a variety of legal definitions worldwide. In many counties, including the
Commonwealth,
France, "arson" generally refers to a subsection of criminal or property damage. Generally, offenses are more severe when human lives were endangered. Some countries like
Scotland differentiate the act of arson into
wilful fire raising (the damage to property) and
culpable and reckless conduct (injury to a person).
English common law English common law defines arson as "the malicious burning of the dwelling of another". This definition has four elements:
Malicious :For purposes of common law arson, "malicious" refers to intention of starting the fire. Fires can be started on purpose or by accident. In either case, there is legal precedent to charge the guilty person with arson whether their intention was to start a fire or not. "Malicious" in this case is describing the intention of the arsonist as ill-intentioned and intending to cause harm or death.
Burning :According to common law, charring to any part of a dwelling was sufficient to satisfy this element. No significant amount of damage to the dwelling was required. Any injury or damage to the structure caused by exposure to heat or flame is sufficient.
Of the dwelling :'Dwelling' refers to a place of residence. The destruction of an unoccupied building was not considered arson: "since arson protected habitation, the burning of an unoccupied house did not constitute arson." At common law, a structure did not become a residence until the first occupants had moved in, and ceased to be a dwelling if the occupants abandoned the premises with no intention of resuming their residency. 'Dwelling' includes structures and outbuildings within the curtilage. Dwellings were not limited to houses. A barn could be the subject of arson if occupied as a dwelling.
Of another :Burning one's own dwelling does not constitute common law arson, even if the purpose were to collect insurance, because "it was generally assumed in early England that one had the legal right to destroy his own property in any manner he chose". Moreover, for purposes of common law arson, possession or occupancy rather than title determines whose dwelling the structure is.
Degrees Arson is prosecuted with attention to degree of severity in the alleged offense, but some states do not categorize arson by any degree. In the state of
Tennessee, arson is categorized as "arson" and "aggravated arson". First degree arson generally occurs when people are harmed or killed in the course of the fire, while second degree arson occurs when significant destruction of property occurs. While usually a
felony, arson may also be prosecuted as a
misdemeanor, "
criminal mischief", or "
destruction of property."
Burglary also occurs, if the arson involved a "breaking and entering". A person may be
sentenced to death if arson occurred as a method of homicide, as was the case in
California of
Raymond Lee Oyler and in
Texas of
Cameron Todd Willingham. In several U.S. state legal systems (and nations like France) arson is divided into degrees depending the value of the property. It may also include additional penalties if the crime was committed in the day or night. •
First-degree arson – Burning an occupied structure such as a school or a place where people are normally present •
Second-degree arson – Burning an unoccupied building such as an empty barn or an unoccupied house or other structure to claim insurance on such property •
Third-degree arson – Burning an abandoned building or an abandoned area, such as a field,
forest or woods. Many statutes vary the degree of the crime according to the criminal intent of the accused. Some US states use other degrees of arson, such as "fourth" and "fifth" degree, In New York, arson is charged in five degrees. Arson in the first degree is a Class A-1 felony and requires the intent to burn the building with a person inside using an explosive incendiary device. In New York, the criminal charge of arson includes a maximum sentence of 25 years to life. In California, a conviction for arson of property that is not one's own is a felony punishable by up to three years in state prison. Aggravated arson, which carries the most severe punishment for arson, is punishable by 10 years to life in state prison. A well-known example of arson which took place in California is the
Esperanza Fire. Raymond Lee Oyler was ultimately convicted of murder and sentenced to death for a 2006 fire in southern California that led to the deaths of five U.S. Forest Service firefighters; he was the first U.S. citizen to receive such a conviction and penalty for wildfire arson. Some states, such as California, prosecute the lesser offense of
reckless burning when the fire is set recklessly as opposed to willfully and maliciously. The study of the causes is the subject of
fire investigation. A recent example of a reckless burning offense is the
El Dorado fire which took place in 2020 in California. This fire was caused by a
gender reveal party which utilized a smoke bomb which is categorized as unsafe pyrotechnics. The El Dorado fire burned over a 71-day period, destroyed 20 structures and resulted in one firefighter fatality, for which the couple hosting the party were charged with
involuntary manslaughter. The El Dorado Fire ultimately resulted in the death of firefighter Charles "Charlie" Morton, who became trapped while attempting to fight the fire. The DA of California considered arson charges for the family members as they were deemed negligent with regard to fire safety. During
World War II arson was a much higher concern in the
United States. There was a severe lack of
firefighters due to
World War Two. There were few men left behind to help combat forest fires. For example, during WW II in Eldora, Iowa, a fire chief reported that his regular membership shrank from 21 to 9 men and their fire fighting force recruited retired members and new members to fill the missing positions during the war. There were additional concerns about wildfires on the west coast, especially following the 1942
Fu-Go balloon bomb incidents. Rather than report on the incendiary bombs, the
Office of Censorship instead focuses efforts on "reducing forest fires". In New York, arson is charged in five degrees. Arson in the first degree is a Class A-1 felony and requires the intent to burn the building with a person inside using an explosive incendiary device. In New York, the criminal charge of arson includes a maximum sentence of 25 years to life. on suspicion of arson after a large fire broke out in a
Kimberly-Clark paper-goods warehouse. The suspect reportedly filmed the incident and uploaded the footage to social media while saying "If you're not going to pay us enough to fucking live or afford to live, at least pay us enough not to do this". Three days later, on April 10, a second suspect was arrested on charges of arson after setting several small fires at the
Ontario Mills mall. It is unknown if the two incidents were related. ,
Tower Hamlets,
London, during the
2011 England Riots England and overseas territories In
English law, arson was a common law offence until 1971 (except for the offence of
arson in royal dockyards). The common law offence was abolished by section 11 (1) of the
Criminal Damage Act 1971. Section four of the Act provides a maximum penalty of life imprisonment for conviction. A variety of notable arsons have occurred in England. In 1680
Margaret Clark and her accomplice John Satterthwayt burned down her employers home. Clark blamed her actions on pride and breaking the sabbath. In 1791 in
Birmingham, the
Priestley Riots destroyed several buildings. Between 1912 and 1914 women's suffragists like
Emmeline Pankhurst,
Emily Davison, and other women in Great Britain and Ireland
launched a campaign of arson and bombings to obtain the vote for women.
Peter Dinsdale AKA Bruce George Peter Lee, confessed to a total of 11 acts of arson, pleading guilty to 26 counts of manslaughter. The fires were set from 1972 to 1979.
Michelle Confait was murdered in
London in 1972 and her house was set alight. In 2008,
two students were found murdered in a flat in
New Cross. The killer set the flat on fire to hide evidence. In 1981 thirteen teenagers died as the result of
a fire started at a house party in New Cross, the cause of which has been speculated to be arson (both investigations returned an
open verdict).
Hong Kong In Hong Kong, the common law offence was abolished by s 67 of the
Crimes Ordinance 1971 (Part VIII of which, as amended by Crimes (Amendment) Ordinance 1972, mirrored the English Criminal Damage Act 1971). Like the English counterparts, 63 of the 1972 Ordinance provides a maximum penalty of life imprisonment, and s 60(3) of the Ordinance requires that if the damage is by fire the offence should be charged as arson. A
Molotov cocktail damaged a metro station during the
2019–2020 Hong Kong protests.
Northern Ireland Fire bombs,
molotov cocktails and other incendiary devices were commonly used by militants during
The Troubles. In 2025
several buildings were destroyed along with motorbikes and vehicles in a riot following a sexual assault.
Myanmar In the Burmese legal system, arson is considered "mischief by fire" under sections 435 and 436 of the
Myanmar Penal Code and punishable by fine and imprisonment. The statutes were last amended on 1 July 2016, and made arson on houses and buildings punishable with up to 20 years in prison. In 2013 a series of riots resulted in a number of arson related deaths
after anti-Muslim riots. The
Burmese military has long used arson as a
weapon of war against civilians. Between the
2021 Myanmar coup d'état and August 2022, military forces committed arson on 28,434 houses in the country.
Scotland While the
Scottish legal system has no offence known as arson statutorily defined, there are many offences that are used to charge those with acts that would normally constitute arson in other nations. Events constituting arson in English and Welsh law might be dealt with as one or more of a variety of offences such as
wilful fire-raising,
culpable and reckless conduct,
vandalism or other offences depending on the circumstances of the event. The more serious offences (in particular wilful fire-raising and culpable and reckless conduct) can incur a sentence of
life imprisonment. In 2023, three young boys were charged with arson in the
Ayr Station Hotel fire. In
Kilmarnock, two boys were arrested after accidentally burning down several buildings.
Ireland Ireland differentiates how it charges arson not by degree but rather by what is being destroyed and if anyone was harmed. For example, while the sentence for setting fire to a building can be life imprisonment, the sentence for setting fire to goods in a building can only be up to fourteen years. A notable historical act of arson in Ireland is the
burning of Wildgoose Lodge, which resulted in the arrest, sentencing, and execution of 18 men, many of whom were innocent. More recently, the
2023 Dublin riot involved instances of arson, with many such acts targeting vehicles.
Murrough O'Brien, 1st Earl of Inchiquin, Irish nobleman and soldier, known as
Murchadh na dTóiteán ("Murrough the Burner") for his role in the
Sack of Cashel and other similar atrocities during the
Cromwellian conquest of Ireland. ==Other notable arsonists==