Arson is the intentional burning of property—such as a building, car, boat, crops, or trees—with criminal or fraudulent intent. The criminal intent or motive behind arson is often insurance fraud—such as when the owner of property intentionally burns it and then files an insurance claim without disclosing the owner intentionally started the fire.
Arson is a felony offense under most state laws, but there are often different degrees of severity, depending on factors such as whether the fire results in physical injury or death. Arson is also a crime under federal law, which makes it illegal to use fire or an explosive to damage or destroy property used in interstate or foreign commerce, or in any activity affecting interstate or foreign commerce.
In Florida, arson is defined under Florida Statute 806.01 as the willful and unlawful damage or destruction of property by fire or explosion. The severity of the charge depends on the circumstances of the crime. First-degree arson is charged when the property is a dwelling, where people are normally present, or if the arsonist knew or should have known that the property was occupied. This is a felony of the first degree and carries severe penalties, including potential imprisonment. Second-degree arson applies to other types of property and is a felony of the second degree. Factors that can elevate the severity of the charge include whether the fire resulted in injury or death, and whether the arson was committed for insurance fraud. Under federal law, arson is also a crime when it involves property used in interstate or foreign commerce, or affects such commerce. Penalties under federal law can be severe, especially when the arson results in injury, death, or significant damage to property.