Legal Definitions - incendiary

The term incendiary can refer to two distinct things in a legal context:

• 1. A person who deliberately starts a fire illegally.

  This refers to an individual who intentionally and unlawfully sets fire to property, often with malicious intent. Such a person is also commonly known as an arsonist.

  • Example 1: After a business dispute, a former partner secretly poured gasoline around the exterior of the company's warehouse and ignited it, causing significant damage. The police investigation identified this individual as the incendiary responsible for the blaze.

    Explanation: This example illustrates an individual who deliberately and unlawfully set fire to property, fitting the definition of an incendiary person.

  • Example 2: During a period of civil unrest, a masked individual was seen throwing a Molotov cocktail into an unoccupied storefront, causing it to catch fire. Authorities later identified this person as an incendiary involved in the widespread property destruction.

    Explanation: Here, the individual intentionally used a device to start a fire illegally, making them an incendiary.

• 2. A device or substance designed to start or spread a fire.

  This refers to any instrument, chemical agent, or material specifically created or used with the purpose of igniting and rapidly spreading a fire.

  • Example 1: Fire investigators at the scene of a house fire discovered remnants of a homemade device containing highly flammable liquids and a timed ignition mechanism. They concluded that this device was the incendiary used to start the fire.

    Explanation: The device itself was designed and used to initiate a fire, making it an incendiary object.

  • Example 2: During a search of a suspect's vehicle, law enforcement found several canisters labeled with warnings about extreme flammability, along with wicks and accelerants. These materials were identified as incendiary components intended for use in setting fires.

    Explanation: The canisters and their contents were substances designed to start and spread fire, thus qualifying as incendiary materials.