Arson and Burning

In Maryland there are two degrees of Arson and several other crimes involving burning. The major difference between first degree and second degree arson is whether the building set fire to is used as a dwelling or had someone inside of it at the time the fire was set.

Arson

 

CR 6-102 describes Arson in the First Degree

 

A person may not willfully and maliciously set fire to or burn:

• a dwelling or
• a structure where an individual is present.

CR 6-103 describes Arson in the Second Degree

 

A person may not willfully and maliciously set fire to or burn a structure that belongs to the person or to another.

 

 

Arson Notes:

1. It is not a defense that the suspect owns the property in question. In short, you cannot burn your own house!
2. A dwelling is described as a place for "overnight accommodation" whether or not an individual is actually present.
3. Dwellings can include shops, barns, outbuildings or other building that adjoins the dwelling.
4. A structure is a building or other construction.
5. A structure includes a vehicle, watercraft, barn, tent, public building, bridge, or railroad car.

Other Burning Crimes

Malicious Burning of Personal Property in the First Degree - a person may not set fire to or burn the personal property of another with damage of $1,000 or more.


Malicious Burning of Personal Property in the Second Degree - a person may not set fire to or burn the personal property of another with damage of less than $1,000.


Burning with Intent to Defraud - A person may not set fire to or burn property of any kind with the intent to defraud.


Threat of Arson - Verbal or written threats to:

• Set fire to or burn a structure or
• Explode a destructive device in, on, or under a structure.

Burning Trash Container - Willfully and maliciously setting fire to or burnt he contents of a trash container.


Attempt to Burn Structure or Property - Placing flammable, explosive, or combustible material or device in or near a structure or personal property in preparation to burn the structure or property.