As wildfires rage across Northern and Southern California, the climate isn’t getting any more accommodating. Plants continue to dry out and provide ample fuel for fires – leading many residents more worried about arson than ever before.
Arson is covered under California Penal Code 451 PC and is described as: “willfully and maliciously setting fire to, burning, or causing to be burned, or aids, counsels, or procures the burning of any structure, forest land, or property.” Arson is always considered a felony in California, with the potential for very harsh penalties and can easily lead the way to additional charges since fires are so destructive and dangerous.
For example, a person who sets fire to a building and injures or kills someone may be charged with murder, manslaughter, assault, or some other similar crimes. Also, person who commits arson in order to fraudulently claim insurance money may also be charged with insurance fraud.
The potential penalties for arson range from 16 months to 9 years in state prison.
There is another similar crime to arson that can be charged when the requirements for arson have not been met, but the person is still responsible for starting an unwanted fire: reckless burning.
Reckless burning is covered under California Penal Code 452 PC and is described as recklessly setting fire to any forest land, structure, or property. One major difference between the two crimes is that PC 451 is usually charged when someone maliciously sets something on fire, whereas PC 452 is usually charged when the fire is started due to negligence or recklessness as opposed to the outright desire to see destruction.
Another major difference between PC 451 and PC 452 is the severity of the crime, with PC 452 possibly being a misdemeanor and PC 451 is always a felony.
The potential penalties for violating PC 452 range from 6 months in county jail and/or a fine of up to $1,000 to 6 years in state prison and a fine of up to $10,000.
