CH 7
CH 7
RELATED CRIMES
PROPERT Y CRIMES
Malicious burning
Perpetrator must have a criminal intent
Negligence was not sufficient
Fire resulting from commission of another crime was not
arson
Nor was burning one’s own dwelling
SERIOUS PROPERT Y OFFENSES:
COMMON LAW ARSON-ELEMENTS
Criminal intent requirement did not require malice toward
property owner or property in question
Required either intent to burn dwelling, knowledge fire would burn
dwelling, or setting fire without excuse or justification that created
obvious hazard to dwelling of another
Requirement of burning did not mean completely
Requirement of dwelling was identical to that of common law
burglary
SERIOUS PROPERT Y OFFENSES:
STATUTORY ARSON
Some jurisdictions retain common law definition
Others have expanded crime
Some eliminate requirement of actual burning
Must be shown actor had intent to damage or destroy structure
Statutes may also include burning of trees, especially forests
Some states have individual statutes aimed at specific
structures
North Carolina
SERIOUS PROPERT Y OFFENSES:
STATUTORY ARSON
Statutes may also specify degrees of arson
New York
In recent years, long-held beliefs concerning alleged “science”
of arson have been questioned
American Bar Association
Reported in 2015 scores of wrongful convictions resulted from problems
LESS SERIOUS PROPERT Y OFFENSES
Problems
Legislation is not always solution to computer crimes
As quickly as officials learn how to protect computers and detect
criminals, criminals learn new ways to commit crimes
Identity theft issues
Elonis v. United States (2015)
IDENTIT Y THEFT: CHARACTERISTICS