Arson Charges in Fairfax 18.2-81 Burning Personal Property

This post is part of a series discussing different Fairfax arson charges.  This article focuses on Va. Code §18.2-81, burning or destroying personal property or standing grain.

Fairfax arson charges apply to maliciously burning or destroying property by use of fire or an explosive device.  The property covered under §18.2-81 is any personal property and standing crops.

Burning a a dwelling containing newly insured personal property can result in 2 arson charges.  The offender can be charged with violating §18.2-77 (malicious burning of a dwelling house).  He can also be charged with §18.2-81, burning personal property with intent to defraud.  Each piece of personal property burned can result in different arson charges.

Proof of Arson Charges

Virginia law presumes that the cause of a fire was an accident.  This makes the burden very high for the Commonwealth to prove Fairfax arson charges.

To convict someone of any of the Fairfax arson charges, the Commonwealth must prove a number of factors, including:

• an incendiary act (burning)
• the accused is the person who caused the incendiary act, and
• criminal intent

Burning

The Commonwealth must prove some burning or destruction to convict on Fairfax arson charges.  A slight burning is enough for a conviction.

The Accused Committed the Incendiary Act

The Commonwealth can prove Fairfax arson charges with circumstantial evidence.  Threats, incriminating statements, or being found with the accelerants can all be used as proof.

Mental State

The Commonwealth must prove state of mind to convict on Fairfax arson charges.  The state of mind for arson is “malice.”  Malice is an intentional act.  It can also include reckless behavior.

Punishment for Fairfax Arson Charges

The value for determining punishment is the loss in value caused by the burning.

The offender will be charged with a Class 4 felony if the value of the property burned or destroyed was more than $200.  This can be punished by 2-10 years in prison and a fine up to $100,000.  If the value of the property was less than $200, it is a misdemeanor.  If charged as a misdemeanor, it can be punished with up to 12 months in jail and/or a fine up to $2500.

The Statute

§18.2-81. Burning or destroying personal property, standing grain, etc., states:

“If any person maliciously, or with intent to defraud an insurance company or other person, set fire to or burn or destroy by any explosive device or substance, or cause to be burned, or destroyed by any explosive device or substance, or aid, counsel, or procure the burning or destroying by any explosive device or substance, of any personal property, standing grain or other crop, he shall, if the thing burnt or destroyed, be of the value of $200 or more, be guilty of a Class 4 felony; and if the thing burnt or destroyed be of less value, he shall be guilty of a Class 1 misdemeanor.”

Other Fairfax Arson Charges

§18.2-77 prohibits the malicious burning or destruction of a dwelling house.  This is the only one of the Fairfax arson charges that is punished by up to life in prison.  It also can be punished with a fine up to $100,000.  For more information on this Fairfax arson charge, click here.

§18.2-79 punishes the intentional burning or destruction of a meeting house.  For more information on this Fairfax arson charge, click here.

§18.2-80 discusses malicious burning or destruction of any structure not covered in any of the other arson statutes.   It is punished by up to 20 years in prison and a fine up to $100,000.  For more information on this arson charge, click here.

§18.2-82 results from an offender starting a fire while in a structure with intent to commit a felony.  It is punished by 2-10 years in prison.  It can also be punished with a fine up to $100,000.  For more information on this arson charge, click here.

Misdemeanor Arson Charges

Some Fairfax arson charges can also be misdemeanors.  §18.2-86 prohibits maliciously setting fire to anything capable of spreading fire on land.  This arson charge is punished by 1-5 years in prison. However, it can also be punished as a Class 1 misdemeanor.  The offender can be sentenced to up to 12 months in jail.  He can also be punished with a fine up to $2500.  For more information on this arson charge, click here.  §18.2-87 prohibits allowing a fire to escape the land of another.  This Fairfax arson charge is a Class 1 misdemeanor.  It is punished by up to 12 months in jail, a fine up to $2500, or both.  More information on this Fairfax arson charge can be found here.  §18.2-88 prohibits carelessly damaging property by fire.  This Fairfax arson charge is a Class 4 misdemeanor.  The punishment for this charge is a fine up to $250.

 

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