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Back Arson by Darren Kavinoky Arson Arson is considered a general intent crime. This means that the defendant need not have intended the specific results, namely the burning of a structure, forest land, or property. What matters are the actions that the defendant undertook that caused such a result. Generally, a person cannot commit ˇ§arsonˇ¨ against his own property, unless there is intent to defraud or where there is injury to someone elseˇ¦s body or property. Arson is considered a dangerous felony, which requires the person convicted of either arson or attempted arson to register with the state of California. Upon release from prison, the probation department will require the person to read and sign the form required by the Department of Justice. Copies of this form will be sent to the county where the probationer will live upon release. If the person moves, they are required to notify the law enforcement agency with whom they had to register upon release of their new address. The law enforcement agency will, in turn, inform the Department of Justice. Thus, a conviction for arson, even attempted arson, brings a lifetime of registration and hassle. Further, if any of the provisions of release are violated, then the person will be guilty of a misdemeanor, requiring confinement in county jail for a minimum of 90 days, plus an additional year of probation. Arson is defined in California Penal Code, Section 451, which reads: ˇ§A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property.ˇ¨ In order for a burning to be considered ˇ§arson,ˇ¨ the following terms must apply, as defined by Penal Code Section 450: „X Author's Biography: Posted on: June 9,2006 Email: dsm4life1@juno.com Website: http://www.nocuffs.com |
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