Arson

In California, each type of arson has its own set of consequences, depending on factors such as:

• Which type of arson you are convicted of,
• The nature of the property that was burned and the damages,
• Whether any people were injured, and
• Your criminal history.

I.Malicious – Penal Code 451

Willful or malicious arson is always a felony under California law. Depending on where the arson was committed, the potential prison terms for this felony include:

• Personal property – 16 months, two years or three years;
• Structure or forest land – Two, four, or six years;
• Inhabited structure/property – Three, five, or eight years; and
• Great Bodily Injury – Five, seven, or nine years.

In addition to the prison sentencing, an arson felon may face further punishment of up to $50,000 in fines if the crime was not committed for any pecuniary gain. If the prosecutor is able to prove that financial gain was either a motive or actually distributed to the felon, then twice the amount of the actual or anticipated gain may be charged against the defendant.

Lastly, a malicious arson conviction is deemed a “strike” on one’s criminal record under California’s Three Strikes Law.

II.Reckless – Penal Code 452

Considered as a “wobbler,” reckless arson can be charged as either a misdemeanor or a felony depending on the circumstances. The potential sentences for the different types of reckless arson are:

• Great bodily injury is punishable by a misdemeanor imprisonment in county jail for up to one (1) year, or by a felony imprisonment in state prison for two, four, or six years, and/or by a fine.
• Inhabited structure/property is punishable by a misdemeanor imprisonment in county jail for up to one (1) year, or by a felony imprisonment for two, three or four years, and/or by a fine.
• A structure or forest land is punishable by a misdemeanor imprisonment in county jail for up to six months, or by a felony imprisonment in state prison for 16 months, two or three years, and/or by a fine.
• Personal property is punishable by a misdemeanor imprisonment in county jail for up to six months and/or a fine of up to $1,000.

III. Aggravated – Penal Code

Under California law, an arsonist faces an additional and consecutive sentence of one, two, or three-years in state prison if any of the following circumstances exist:

1. The defendant has a prior conviction for malicious or reckless arson within the past ten years;
2. A firefighter, peace officer, or other emergency personnel suffered Great Bodily Injury as a result;
3. Two or more people suffer from Great Bodily Injury as a result; or
4. Multiple structures were burned.

However, if the prosecutor can prove that you committed arson

1. intending to injure other people or damage an inhabited structure, forest land,
2. while you had a prior arson conviction within the past ten years,
3. the fire damaged property and other losses in excess of seven million dollars, AND
4. damaged five or more inhabited structures,

Then you face a state prison sentence of ten years to life.

Furthermore, there are other circumstantial “aggravating factors” that can determine a prolonged sentence, such as arson being expressed in the form of a “hate crime.”

Example: You set fire to your apartment because your landlord is evicting you. Or you set fire to a religiously affiliated structure of worship out of hate.

IV.Registration as a Convicted California Arson Offender

In addition to the corresponding penalties, anyone who is convicted of

• Malicious arson or attempted malicious arson,
• Aggravated arson resulting in a minimum ten-year prison sentence, arson in the state of California is required to register as a California convicted arson offender
• Possessing, manufacturing, or disposing of any flammable/combustible material or of any incendiary device in connection with the arson charge

in the state of California will be required to register as a California convicted arson offender.

Thus, similar to an individual registered as a sex offender, the convicted arsonist must routinely update his/her local law enforcement agency regarding his/her whereabouts.

Since November 30, 1994, those who are convicted as adults will be registered for life. However, the duration for registration may also depend on the age of the arsonist at the time of the conviction as well as the date.

There are separate misdemeanor offenses of an arsonist failing to properly register that may lead to a jail sentence of over 90 days and up to 1 year.