CHAPTER 13 ARSON

13.3 Burning with the intent to Defraud an Insurer

Someone Burning there property in order to claim insurance money.

The crime is a specific intent crime because the fundamentals basis of the offense is intent to defraud

13.2

Wyoming make arson to defraud an insurance company

a Second Degree Felony.

§ 34.10.

34.20

Made changes because of people burning there house to claim insurance money.

States changed laws from burning of just a dwelling house to burning of Other Buildings.(But without roofs is that considered a building?)

States re-modified law to burning of someone else's personal property arson. Maine and New Jersey: Burn ones own property( Chamorro)

Other states have laws for attempted arson. Other jurisdictions have sperate statute for burning schools churhes public buildings.

(a) Property means any form of real property or tangible personal

property which is capable of being damaged or destroyed.

(b) Habitable Property means any structure, vehicle or vessel

adapted for the accommodation or occupation of persons.

(c) Property is that of another if anyone other than the defendant

has a possessory or proprietary interest in any portion thereof.

(a) a person is guilty of aggravated arson if he recklessly damages any habitable property by any means of fire or explosives(a) A person is guilty of aggravated arson if he recklessly damages any

habitable property by means of fire or explosives in conscious disregard of a

substantial risk that at the time of such conduct a person may be in such

habitable property, whether or not a person is actually present.

(b) Aggravated arson is a second degree felony. In the case of

aggravated arson as a felony of the second degree, the court shall impose a

sentence of imprisonment of a minimum term of five (5) years and may

impose a maximum term of up to ten (10) years; the minimum term

imposed shall not be suspended nor may probation be imposed in lieu of the

minimum term nor shall parole or work release be granted before

completion of the minimum term. The sentence shall include a special

parole term of not less than three (3) years in addition to such term of

imprisonment.

CHAPTER 13 ARSON

Detail 4

The Criminal Act of Deliberately setting fire to property.

Arson gets burned

13.0/13.1

Arson was considered a serious crime under

Common Law. 1.) Willfully and Maliciously involved

in(2) the burning of (3) a dwelling house of another person.

Arson: Crime against Habitation; at common law, willfully and maliciously burning the dwelling house of another.

Burning: Ignition of flammable substances to the point where there is a noticeable chenmical change.

Dwelling house: Place where a person habitually sleeps.

Willful and Malicious Intent: Deliberate and unlawful purpose of intention.

CHAPTER 13 ARSON