Of Crimes Against PropertyArson
Section § 450
This section explains definitions for specific terms used in the chapter. A 'structure' includes buildings, tents, bridges, tunnels, or powerplants. 'Forest land' covers areas like brush land, forests, and grasslands. 'Property' refers to any real or personal property, excluding structures and forest land. 'Inhabited' means places used for living, whether people are there or not, but does not include the land itself. 'Maliciously' involves intentional acts aimed to harm, deceive, or irritate someone. 'Recklessly' describes ignoring a significant risk of causing fire or damage, acting outside what a reasonable person would consider safe, including when intoxicated.
Section § 451
In California, someone commits arson by deliberately setting fire to or causing the burning of structures, forest lands, or property. This includes helping others to set these fires.
If the arson results in serious bodily injury, it's a felony with a prison sentence of five to nine years. If inhabited buildings or properties are burned, the offender faces three to eight years in prison. Setting fire to structures or forest land is punishable by two to six years, while burning property without others involved gets 16 months to three years in prison, unless it's the person's own property and not meant to defraud or harm others.
If someone is convicted of arson while already serving a sentence in a prison or jail, the new sentence will be added to the existing term, not replace it.
Section § 451.1
If someone is convicted of felony arson, they can face an extra prison sentence of three to five years if any of these conditions apply: they have a previous arson conviction; a firefighter, police officer, or emergency worker was seriously injured; the offense caused serious injury to more than one person; the fire damaged multiple buildings; or the arson involved a device that made the fire burn faster or start later.
This extra punishment can only be given if these facts are mentioned in the charges and acknowledged by the accused or proven in court.
Section § 451.5
This law describes the crime of aggravated arson in California. It involves intentionally setting fires with the aim to injure people or damage property, and is considered especially serious if certain conditions are met. These conditions include having previous arson convictions, causing over $10.1 million in damage, or destroying five or more homes. If convicted, a person faces a prison sentence of 10 years to life and cannot apply for parole for at least 10 years. This law is scheduled to be repealed on January 1, 2029.
Section § 451.5
Section 451.5 describes a crime called aggravated arson. It's when someone intentionally sets a fire with the aim to hurt people or destroy property and does so in a way that could harm people or destroy occupied buildings.
Two main factors make it aggravated arson: if the person has a prior arson conviction in the last 10 years or if the fire damages or destroys five or more homes. If found guilty, the person faces 10 years to life in prison and cannot be eligible for parole until serving at least 10 years. This law becomes effective on January 1, 2029.
Section § 452
This law makes it a crime to recklessly start a fire that causes damage. If the fire results in serious injury, it's a felony with possible state prison time of up to six years, or jail time and fines. If it burns an occupied building, it's a felony with up to four years in state prison, jail time, or fines.
Causing a fire in unoccupied buildings or forest areas is also a felony, but with shorter potential jail terms. Setting personal property on fire is a misdemeanor, unless it harms others or their property.
If someone starts a fire while already in jail for another crime, their sentences will be added together. If the fire is related to organized retail theft, it can lead to harsher punishment.
Section § 452.1
This law adds extra punishment for certain serious situations when someone commits a felony that involves recklessly causing a fire. If they've previously been convicted of a similar fire-related crime, or if the fire hurt a firefighter, a police officer, or other emergency workers, additional time will be added to their sentence. This also applies if the fire caused serious injury to multiple people or burned multiple structures. However, these additional penalties apply only if the specific facts leading to the extra punishment are clearly stated during the trial and either admitted by the defendant or proven true in court.
Section § 453
This law makes it illegal to have, make, or get rid of flammable or explosive materials or devices if you plan to use them to intentionally start a fire on any building, forest, or property. If caught, you could face jail time either in prison or county jail for up to a year. Specific definitions are provided for what it means to "dispose of" materials and what constitutes an "incendiary device" and "incendiary fire." However, exceptions are made for members of the armed forces, firefighters, police, and others who use these materials for legitimate reasons like scientific research, educational purposes, or legally permitted controlled burns.
Section § 454
This law states that if someone commits arson as detailed in Sections 451 or 452 during a declared state of insurrection or emergency, they face specific prison sentences. If the arson occurs during such times, they may receive a prison sentence of five, seven, or nine years if they committed more severe acts specified in Section 451. Less severe offenders face three, five, or seven years in prison. Probation is generally not allowed unless it's a rare case where justice requires it.
Section § 455
This law makes it a crime for someone to try to set fire or burn, or help someone else to burn any building, forest, or property in California. If someone does anything in preparation for setting a fire, like placing flammable materials, with the intention of starting a fire, it counts as an attempt to burn. This crime can result in a prison sentence ranging from 16 months to three years.
Section § 456
This section deals with fines related to felony violations. If someone is convicted of a felony under this chapter, the court can add a fine up to $50,000 on top of the usual punishment unless another law allows for a higher amount.
If the crime was motivated by financial gain, the court instead can fine them double the expected or real profit they intended to make from the crime.
Section § 457
If someone is convicted of a crime under this chapter, the court can require them to undergo a mental health evaluation before sentencing. This means the court wants to understand the person's psychological state to help decide on the appropriate sentence.
Section § 457.1
This law requires people convicted of arson or attempted arson to register with local law enforcement in California. Registration must happen within 14 days of moving into a new area. Convicted arsonists after November 30, 1994, must register for life, while juveniles must register until they turn 25 or their records are sealed.
If released from confinement, individuals must be informed of their duty to register. Registration includes personal details, fingerprints, and a photo, forwarded to the Department of Justice. Missing this requirement is a misdemeanor punishable by at least 90 days in jail. Public access to registration records is restricted.
Those applying for a certificate of rehabilitation or granted certain legal relief can end their registration duty. The law also outlines procedures for notifying law enforcement before moving registered individuals for tasks like firefighting within cities or counties.