PA_2010_1st_Arson+and+Property

PA Laws 2010 - January PA Arson January Local Case PA Arson January HOT Questions PA Arson January Scenario

**Arson**
(a) Endangering the safety of others. (1) First degree arson consists of consciously starting a fire or causing an explosion or aids, counsels, pays or agrees to pay another to cause a fire or explosion. (i) Persons that could be put in danger or death or injury, include, but are not limited to firefighters, police officers, or other people engaged in fighting the fire. (2)A person who commits arson endangering people is guilty of murder of the second degree if the fire or explosion causes death of anyone, including anyone who is actively engaged in fighting the fire, and is guilty of murder of the first degree if the fire or explosion causes the death of anyone and was set with the purpose of causing death (b)Sentence - A person convicted of murder of the first degree, will be sentenced to death or life imprisonment without parole; a person convicted of murder of the second degree, will be sentenced to life imprisonment without parole. No language will infringe the powers of the Governor to commute said sentence.  (c)Arson Endangering property- (Felony 2) Starts fire that is intended to ignite explotion or pays for a fire that: (1) damaging or destroying building an unoccupied structure (2) endangering a building that has people in it (3) destroying or damaging a building to collect insurance money (d)Reckless burning or exploding- (Felony 3) start a fire on purpose or causes explosion recklessly: (1) does it in a uninhabited building (2) does it to any personal property that costs more then $5,000 or if automobile, airplane, or motorboat. (d.1)Dangerous burning- (summary offense) Starts a fire or explosion that is intended to endanger anyone or property, even if doesn’t cause any damage (e) Failure to Control or report dangerous fires- someone that knows of a fire that is endangering a life or property that does not sufficiently go through measures to put it out. (f) Possession of explosive materials or devices- (felony 3) creates, sells, or has explosive materials or devices that are meant to violate the offenses a-d. (g)Disclosure of true owner-Someone must tell the officers investigating the offences in this section that the true owner is or are. (h)This section does not apply if a fire company endangers a firefighter for training purposes (1) Owner allows it (2) Have appropriate government permits (3) Precautions have been taking so no more people are endanger (4) Participating are firefighters or voluntary
 * Criminal Mischief**
 * Felony of the third degree, if intentionally committed loss in excess of $5,000.
 * When a person purposely damages or causes injury to any real or personal property belonging to someone else.
 * Misdemeanor of second degree when loss exceeds $1,000.

**Additional fine or arson committed for profit.** Any person convicted of an arson crime will be fined double the amount of the considered amount or the maximum lawful fine...whichever is greater. All these fines collected will go to Fire training schools and education programs. Whoever maliciously cuts, damages, destroys or defaces any fire hydrant or fire hose or fire engine, or other public or private fire equipment, or any apparatus appertaining to the same, commits a third degree misdemeanor. Whoever opens for private use of any fire hydrant without authorization of the water authority or company having jurisdiction over such fire hydrant, commits a summary offense. (a) Offenses defined - A person commits the offense of institutional vandalism if they knowingly desecrates, vandalizes, defaces or otherwise damages: (1) any church, synagogue or other facility or place used for religious worship or other religious purposes (2) any cemetery, mortuary or other facility used for the purpose of burial or memorializing the dead (3) any school, educational facility, community center, municipal building, courthouse facility, State or local government building or vehicle or juvenile detention center; (4) the grounds adjacent to and owned or occupied by any facility set forth in (1), (2), or (3); or (5) any personal property located in any facility set forth in this subsection. (a.1) Illegal possession - a person commits the offense of an institutional vandalism if, with intent to violate subsection (a), the person carries an aerosol spray-paint can, broad-tipped indelible marker or similar marking device onto property identified in the defined section. (b) Grading - an offense under this section is a felony of the third degree if the act is one of desecration or if the actor causes pecuinary loss in excess of $5,000. Pecuniary loss includes the cost of repair or replacement of the property affected. Otherwise, institutional vandalism is a misdemeanor of the second degree. (a) Offense Defined - a person commits the offense of agricultural vandalism if they intentionally deface, mark, or otherwise damage the real or personal property of another, where the property defaced or damaged is used in agricultural activity or farming. (b) Grading - Agricultural vandalism is a third degree felony if the actor intentionally causes pecuniary loss in excess of $5,000, a first degree misdemeanor if the actor intentionally causes pecuniary loss in excess of $1,000 or a second degree misdemeanor of the second degree if the actor intentionally or recklessly causes pecuniary loss in excess of $500. Pecuniary loss includes the cost of repair or replacement of the affected property. Otherwise agricultural vandalism is a third degree misdemeanor. (c) Definition - Farming includes public and private research, records, data-gathering equipment related to agricultural products as well as commercial production of agricultural crops, livestock and their products, poultry and their products, timber, or fruits or other grown products.
 * Injuring or tampering with fire apparatus, hydrants, etc.**
 * Unauthorized use or opening of fire hydrants.**
 * Institutional vandalism.**
 * Agricultural vandalism.**

(a) Offenses defined. A person commits a seecond degree felony if they intentionally damage any crops that is grown or raised for scientific or commercial purposes or for any testing or research for a state or local government agency. (b) Restitution; costs and fees. Any person convicted of violating this section should in addition to their penalty, pay the owner of the damages, attorney fees and court costs. Restitution should be equal to the cost of the damages due to the act, including: (1) Value of the damaged crops (2) Disposal of the damaged crops (3) Cleanup of the property (4) Lost revenue of the damaged crop (c) Exceptions. This section will not apply to any crops damaged through research or normal activity.
 * Agricultural crop destruction.**

**Hot Questions?** Analyze the effects of Arson on the society around it. Compare and Contrast the differences of Agricultural Vandalism and Agricultural Destruction.

PA Laws 2010 - January