Also known as: incendiarius · incendiary · incendiaries · arson · arsonist
Written by attorneys · grounded in primary & secondary sources — see below
A Latin noun meaning fire. In historical English law the term denoted the common-law offense of arson.
Ingrid Innes deliberately set fire to a neighbor's cabin while the neighbor slept inside. The flames charred the wooden door frame and destroyed part of the interior wall. Because the structure was regularly used for sleeping and the burning was done with malice, Ingrid committed incendium.
Ivan Ivanov and an accomplice set fire to a neighbor's store after a dispute. The fire spread rapidly and damaged the wooden beams of the structure used as a dwelling. Because the burning was malicious and the building belonged to another, Ivan committed common-law incendium.
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Isabelle Inman set fire to a neighbor's insured warehouse she occupied as a dwelling. The blaze damaged the interior walls and destroyed combustible materials. Because the structure belonged to another and the burning was done with malice, Isabelle committed incendium at common law.
Iain Irons set fire to a neighbor's home while the neighbor was away. The blaze damaged the interior walls but caused no injury. Because the structure was regularly used for sleeping and belonged to another, Iain committed common-law incendium.
India Inoue was convicted of incendium after a jury found she had maliciously burned a neighbor's dwelling. The judge then considered an aggravating fact. Because the structure was used for sleeping and belonged to another, the conviction for common-law incendium was proper.
Irene Ingalls was prosecuted for incendium after she maliciously burned a neighbor's dwelling. The court required proof of all four common-law elements. Because the structure was used for sleeping and belonged to another, the offense of incendium was established.
The prosecution must show malice, a burning, that the structure was a dwelling, and that the dwelling belonged to another. Malice exists when the defendant intends the structure to burn or consciously disregards an obvious risk that it will burn. The fire must actually damage the fibers of the wood or other combustible material.
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No. Common-law incendium requires that the dwelling belong to another. Burning one's own house when neighboring structures are endangered is the separate misdemeanor of houseburning.
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No. The defendant must cause the required damage by fire. Damage resulting only from an explosion without fire does not constitute arson at common law.
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A person commits arson, a felony of the second degree, by starting a fire or causing an explosion with the purpose of destroying a building or occupied structure of another or of destroying or damaging property to collect insurance.
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…comparable in terms of the possible sentence imposed to serious felonies such as aggravated battery, § 16-5-24, first-degree arson, § 16-7-60, and robbery, § 16-8-40.[^maj-1] In this case, however, respondent has not been tried, much less convicted and sentenced.[^maj-2] Moreover, respondent has not raised the Eighth…