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LSDefine

Simple English definitions for legal terms

arson

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A quick definition of arson:

Arson is when someone intentionally sets a fire to a building or property without permission. It used to only apply to burning someone's home, but now it can apply to any property. Depending on the state or federal law, the punishment for arson can vary. It can range from a year in jail to 40 years in jail if someone is hurt. Arson is a serious crime that can cause harm to people and property.

A more thorough explanation:

Arson is a crime where someone intentionally sets fire to a building or property without permission or with unlawful intent. The definition of arson may vary depending on the jurisdiction, but it is generally considered a felony.

In most states, arson is no longer limited to the burning of a dwelling or building. It can also include the burning of personal property without consent or with unlawful intent. The severity of the crime may depend on the defendant's intent, how the fire was caused, and whether anyone was injured or killed. For example, in New York, there are five degrees of arson, with the first degree carrying a minimum sentence of 15 years and a maximum sentence of 25 years.

John intentionally sets fire to his neighbor's car without permission. He is charged with arson because he knowingly burned personal property without consent.

Under federal law, it is a crime to damage or destroy any property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce by means of fire or an explosive. The maximum sentence for arson under federal law is 20 years in jail, with a minimum of 5 years. If someone is injured or killed as a result of the arson, the maximum sentence is 40 years in jail, with a minimum of 7 years.

Tom sets fire to a warehouse that is used to store goods that are shipped across state lines. He is charged with federal arson because the property was used in interstate commerce.

In Jones v. U.S., the Supreme Court ruled that arson of an owner-occupied private residence not used for any commercial purpose is not subject to federal prosecution under § 844(i), which covers only property used in an activity affecting commerce.

Mike sets fire to his own house to collect insurance money. He cannot be charged with federal arson because his house was not used in an activity affecting commerce.

arrest warrant | arson with intent to defraud an insurer

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Calvinamala Harris
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