ARSON

crime commonly defined by statute as the malicious and voluntary burning of the property of another without his consent. Limited in English common law to the burning of dwellings under circumstances that endangered human life, the definition of arson has been expanded by modern statutes and now includes acts dangerous to property itself. In nearly all countries but Great Britain, if an arson causes death, the arsonist is guilty of murder even though he did not intend to kill. But the definition of arson has been so expanded that most jurisdictions have divided arson statutes into two or more degrees, reserving the heavier punishments for those burnings that pose a danger to human life. Usually, those include the burning of habitable dwellings such as houses, stores, or factories, as well as vehicles, bridges, or trees. Germany and some states of the United States also impose a higher penalty for arson committed for the purpose of concealing or destroying evidence of another crime. Lighter penalties are assigned to the new categories of arson endangering primarily property. Thus, it is arson to burn personal as well as real property or for a person to burn his own house to defraud an insurance company. Furthermore, modern statutes have forbidden burnings caused by newly invented incendiary devices. A fire caused by accident or ordinary carelessness is not arson, because maliciousness is lacking. A person may be guilty of arson, however, if he acts recklessly and disregards the consequences. An arsonist's motive is often irrelevant if he acts voluntarily and without the consent of the owner of the property. Under some legal standards for insanity, it may be a defense that the actor suffered from pyromania, an irresistible urge to set fires.