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 Illinois, arson is defined as the willful and malicious act of setting fire to or charring property. Under Illinois law, arson is considered a Class 2 felony, which can result in a prison sentence of 3 to 7 years. However, if the arson causes bodily harm or is committed in a place of worship or a school, the offense is elevated to aggravated arson, which is a Class X felony, carrying a potential sentence of 6 to 30 years in prison. The severity of the punishment can also increase if the act was committed with the intent to defraud an insurer, known as insurance fraud. Additionally, federal law criminalizes arson when it involves property used in interstate or foreign commerce, or any activity affecting such commerce, which can lead to federal charges that carry their own set of penalties.