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California's New Arson Law - A Weapon for the War on Arson

NCJ Number
86125
Journal
Criminal Justice Journal Volume: 4 Issue: 1 Dated: (Fall 1980) Pages: 115-140
Author(s)
C A Wilkinson
Date Published
1980
Length
26 pages
Annotation
This article reviews the problems associated with the crime of arson, providing the background and the reasons a new law addressing these problems was needed and enacted in California.
Abstract
Arson is America's fastest growing crime. In California, 1 out of every 10 fires is intentionally set, causing between $54.3 and $65.8 million in property damage in 1977. It is estimated that these losses will increase at a rate of 10-15 percent annually. In response to this problem, California recently enacted a new, stricter arson law. Replacing five former Penal Code sections, the new law consolidates into one section the previously separate classes of property that are subject to the crime of arson. The new law states that persons are guilty of arson when they willfully and maliciously set fire to or burn or cause to be burned or who aid, counsel, or procure the burning of any structure, forest land, or property. Arson that causes great bodily injury is a felony punishable by imprisonment in the State prison for 5, 7, or 9 years. Arson that causes an inhabited structure to burn is a felony punishable by 3, 5, or 7 years. Forest land arson is punishable by imprisonment for 2, 4, or 6 years. Arson of property is a felony punishable by imprisonment in the State prison for 16 months, 2 years, or 3 years. The new law provides a solid foundation for the successful prosecution of arsonists. The article includes 177 footnotes.

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