California Penal Code § 451 PC states that “a person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property.”
Arson is a felony punishable by a sentence of up to 9 years in jail or state prison.
Police will sometimes write this citation as
- 451 PC or
- 451 CPC
as abbreviations for the California Penal Code.
Note that this code section is one of two California arson laws. The other is Penal Code 452 PC, “reckless burning.”
Examples of Arson
- setting fire to someone else’s car as an act of revenge
- causing a forest fire by intentionally throwing a lit cigarette into dry grass and branches (despite posted signs warning not to do so)
- setting fire to a restaurant in order to collect insurance policy money (insurance fraud) for the value of the property damage
Common Defenses to Arson
You can use a legal defense to challenge an arson charge. A few common defenses are:
- no willful act,
- fire not started by arson, and/or
- no intent to defraud (for arson of personal property).
Penalties for Arson in California
The crime of arson is charged as a felony. This is opposed to a misdemeanor or an infraction.
The maximum punishment for the offense is a state prison term of up to nine years.
Our California criminal defense attorneys will explain the following in this article:
- 1. What is arson?
- 2. Defenses
- 3. Penalties
- 4. 451 PC vs. 452 PC
- 5. Immigration Consequences
- 6. Expungements
- 7. Gun Rights
- 8. Strike Crimes
- 9. Related Offenses
- Additional Reading
Penal Code 451 PC is the California statute that defines the crime of arson.
1. What is arson?
Penal Code 451 PC is the California statute that makes it a crime to set fire to any:
- structure,
- forest land, or
- property.1
For you to be convicted of arson in California, prosecutors must prove beyond a reasonable doubt the following elements of the jury instructions:
- You set ��re to or burned, or caused the burning of, a structure, forest land, or property, and
- You acted willfully and maliciously.2
It does not matter how little of the property or structure gets burned.3 The simple charring of wood is sufficient evidence of a “fire or burn.”4
Questions often arise under this statute on the meaning of:
- willfully and maliciously,
- structure and forest land, and
- property.
These are discussed below.
Willfully and Maliciously
For purposes of this law, you commit an act willfully when you do it
- willingly or
- on purpose.5
Under common law, you act maliciously when you intentionally do a wrongful act or when you act with the unlawful intent to:
- defraud,
- annoy, or
- injure someone else.6
Example: Becky is not guilty of an arson attack if, while reaching for a glass of water, her elbow knocks down a candle and it starts a fire in her condo building. Even if Becky suffered from pyromania, here the fire began because of an accident and not a willful act, and there was no malicious burning of her own property. Further, Becky had no intent to defraud, annoy, or injure someone.
Note that you can still be convicted of arson, per Penal Code 452, even if you do not act willfully and maliciously. This code section applies to “reckless” burning of any
- structure,
- forest land, or
- property.
“Recklessly” is a lower standard than willfully and maliciously. You act “recklessly” if:
- you are aware that your actions could present a substantial and unjustifiable risk of causing a fire,
- you ignore that risk, and
- doing so is a gross deviation from how a reasonable person would act in the same situation.7
Structure and Forest Land
California law states that a structure is any:
- building,
- bridge,
- tunnel,
- power plant, or
- commercial or public tent.8
Arson fire damage to fixtures within a building may fall into the category of a “structure” if the fixtures are an integral part of the building.9
PC 451 says that a forest land means:
- brush-covered land,
- cut-over land,
- forest,
- grasslands, or
- woods.10
Property
Property, under California arson laws, means personal property or land (real property) other than forest land.11
This definition includes items like:
- clothing, and
- trash.12
Note that arson of property does not include you burning your own personal property. This is unless:
- the burning was done with an intent to defraud, or
- someone was injured in the building.13
Example: Nia is not guilty of arson if she does a controlled burn of an old shed on her property in order to remove it.
However, she may be guilty of the offense if someone gets hurt in the burn or she performed the burn to defraud her insurance company.
A potential defense to all criminal charges is police misconduct. For example, the police coerced your confession.
2. Defenses
Here at Shouse Law Group, we have represented literally thousands of people accused of property crimes like arson. In our experience, the following three defenses have proven very effective with judges, juries, and prosecutors at getting these charges reduced or dismissed.
You Did Not Act Willfully
Claiming that the burning was an accident is a strong defense because the D.A. has no way of getting inside of your head to prove what your intent was. Typical evidence we rely on includes:
- video surveillance,
- eyewitnesses,
- your recorded communications (such as texts, voicemails, etc.)
The Fire Was Not Started by Arson
It is always a defense in arson cases to show that a fire was started by something else other than arson. Some common causes of fires include:
- harsh weather or lightning (especially for wildfires),
- faulty or old wiring,
- cooking and heating equipment, and
- smoking.
In these cases, we rely on fire experts and accident reconstruction experts to examine the scene and testify that the cause of the fire had nothing to do with you.
You Had No Intent to Defraud
We see many cases where fire victims are falsely accused of burning their property to get insurance money. If we can get a fire expert to testify that the fire was caused, for example, by a faulty electrical wire or fireplace spark, the D.A. may have to drop the arson charges for lack of proof.
3. Penalties
A violation of PC 451 is charged as a felony in California.14 The specific punishment for felony arson depends on:
- the type of property that was burned, and
- whether or not someone suffered a burn injury.
The potential state prison sentences for willful/malicious counts of arson are:
- 16 months, two years, or three years for malicious arson of personal property,
- two, four, or six years for malicious arson of a structure or forest land,
- three, five, or eight years for malicious arson that causes an inhabited structure or inhabited property to burn, and
- five, seven, or nine years for arson that causes great bodily injury.15
Incarceration is served in state prison, not a county jail.
4. 451 PC vs. 452 PC
Whereas California Penal Code 451 PC outlaws willfully and maliciously setting fire to property, California Penal Code 452 PC outlaws recklessly setting fire to property.
“Recklessly” is less criminally blameworthy than “willfully and maliciously.” When you are reckless, you did not necessarily mean any harm; you were just acting in an extremely risky way that any reasonable person should have known would likely result in property damage or injuries.
An example of PC 452 is dropping a match on the street after lighting your cigarette, and the match then causes some debris to catch fire. You may not have meant for the match to cause a fire, but you should have known that causing a fire was the likely result of your reckless actions.
Since violating PC 452 does not involve malicious and willful behavior, it is only a misdemeanor offense.16
5. Immigration Consequences
An arson conviction is a deportable crime. This means if you are a non-U.S. citizen convicted of arson, you may be thrown out of the U.S. after serving your sentence.17
This is why it is vital for you to get legal counsel to try to get your charge dropped or reduced to a non-deportable offense.
6. Expungements
You can get your arson conviction expunged if you:
- successfully complete probation, or
- complete a jail term (whichever is relevant).
If you violate a probation term, you could still possibly get the offense expunged. This, though, would be in the judge’s discretion.
Under Penal Code 1203.4, an expungement releases you from virtually “all penalties and disabilities” arising out of the conviction.18
7. Gun Rights
A conviction under 451 PC will cause you to lose your gun rights. This is because arson is a felony.
8. Strike Crimes
Arson that causes
- great bodily injury (PC 451(a)) or
- an inhabited structure or inhabited property to burn (PC 451(b))
is a strike offense. This is because PC 667.5 classifies PC 451(a) and (b) as violent felonies.
You face enhanced penalties for felony convictions if you have prior strike offenses.19
Learn more about California’s Three Strikes Laws.
9. Related Offenses
Additional Reading
For more in-depth information on arson laws, refer to these scholarly articles:
- The Evolution of Fire Investigation and its Impact on Arson Cases – Criminal Justice.
- The Metamorphosis of the Law of Arson – Missouri Law Review.
- Assessment, Treatment and Sentencing of Arson Offenders: An Overview – Psychiatry, Psychology, and Law.
- Legal Aspects of Arson – Journal of Criminal Law, Criminology & Police Science.
- The Crime of Arson – Journal of Criminal Law & Criminology.
Legal References:
- California Penal Code 451 PC. Note that California does not divide arson into first degree, second degree, and third degree like some New York and some other states. In Britain, arson is called “fire-raising.” Etymology-wise, the word arson originally comes from Old French and Late Latin.
- CALCRIM No. 1515 – Arson (Pen. Code, § 451(c) & (d)). Judicial Council of California Criminal Jury Instructions (2024 edition).
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant set fire to or burned [or (counseled[,]/ [or] helped[,]/ [or] caused) the burning of] (a structure/forest land/ property);
AND
2. (He/She) acted willfully and maliciously.See also People v. Atkins (2001) 25 Cal.4th 76, 83-84, 86, (voluntary intoxication does not negate mental state). - See same. See also People v. Haggerty (1873) 46 Cal. 354; and, In re Jesse L. (1990) 221 Cal.App.3d 161.
- People v. Simpson (1875), 50 Cal. 304.
- CALCRIM No. 1515.
- See same. See also People v. Labaer (2001) 88 Cal.App.4th 289.
- CALCRIM 1532 – Unlawfully causing a fire [Reckless arson/reckless burning]. (Pen. Code, § 452)
Judicial Council of California Criminal Jury Instructions (2024 edition)To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant set fire to[,] [or] burned[,] [or caused the burning of] (a structure/forest land/property);
AND
2. The defendant did so recklessly. - CALCRIM No. 1515.
- In re Jesse L., supra; and, People v. Lee (1994) 24 Cal.App.4th 1773.
- CALCRIM No. 1515.
- See same. See also In re L.T. (2002) 103 Cal.App.4th 262.
- CALCRIM No. 1515. See also People v. Reese (1986) 182 Cal.App.3d 737; and, In re L.T. (2002) 103 Cal.App.4th 262.
- California Penal Code section 451d PC.
- See same. See also People v. Shiga (2019) 34 Cal.App.5th 466, 475.
- See same.
- PC 452.
- See INA 237 (a) (2) (A). People v. Miles (1985) 172 Cal.App.3d 474.
- California Penal Code 1203.4 PC.
- California Penal Code 667 and 667.5 PC.