Arsonist Profile And Motivations

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http://criminallaw.uslegal.com/crimes-against-property/arson/

http://www.angelfire.com/sc3/cjrp/arson.html

Describe the elements of proof for an arson fire.

The elements of proof for arson must be understood by defining arson itself, which is defined as malicious damage or destruction of any building, inhabited structure, vehicle, vessel, or real property by means of fire or explosive device. Arson represents a crime against property, and for a crime to be categorized as arson, the person must have deliberately and maliciously intended to burn a building or other structure wherein the conduct of the offender was not accidental. To be categorized as arson, the malice conduct doesn't have to entail ill will as any intentional or outrageously reckless conduct is sufficient to constitute malice. The previous common law definition of arson has been expanded in modern to arson done with the intent to defraud insurers by burning or using explosions of commercial and homestead residencies. The common-law rule that previously mandated that the property burned must belong to another person is no longer in state statutes.

Necessary elements needed to prove arson solid evidence that a structure has been burned, is burning, and that a criminal act was responsible for causing the fire. Motive does not have to be incorporated into the crime of arson as it isn't considered an essential element of arson, but in regard to the elements for the different degrees of arson, this varies from state to state. I will use the state of New York's penal law as an example for the necessary elements required for 5 different degrees of arson.

Arson in the fifth degree requires for a person to intentionally damage another person's property by intentionally starting a fire or causing an explosion without the owner's consent. This is the lowest form of arson in the state of New York and is a class A misdemeanor. Arson in the fourth degree requires for the elements of recklessly damaging a building or motor vehicle of another by intentionally starting a fire or causing an explosion. Arson in the third degree represents a class C felony requiring the elements of intentionally damaging a building or motor vehicle by ...