Wildfires raging across the state will wreak devastation wherever they pass. Many of these fires are started through natural means or by no fault of anyone else, while others have been started deliberately.
When a fire is started deliberately and maliciously, it’s known as 451 PC – arson. When a person ignites or burns something without malice, they can be charged with 452 PC – reckless burning. The law makes it a crime to recklessly burn any forest land, structure, or property.
A few examples of reckless burning include:
- Igniting a match or lighter near combustible materials (that end up catching fire as a result)
- Flicking a cigarette butt outside into dry plants or other flammable materials
- Burning garbage (or something else) on your property that inadvertently ignites someone else’s property
Reckless burning is often charged as a misdemeanor, and usually only elevated to the felony level when someone is injured, the structure is inhabited at the time of the burning, or if the damage is extensive.
Misdemeanor penalties include up to 6 months in jail and/or a fine of up to $1,000. Felony-level convictions carry the potential of penalty of 16 months to 6 years in California State prison and/or a fine of up to $10,000. Note that the harshest prison sentence (6 years) is only in the case of felony convictions where someone received great bodily injury due to the reckless burning. In contrast, the penalties for arson are steeper.
For one, arson (451 PC) is always a felony. It’s usually charged instead of reckless burning when a person is believed to have burned or ignited something maliciously rather than accidentally or negligently. As a felony-level crime, people convicted of committing arson do not typically have the option of spending their sentence in county jail and are instead sent to California state prison.
Penalties range from 16 months to 9 years in state prison if convicted. Arson convictions can be expunged if the individual completes their probation and/or prison sentence.
