Fairfax Arson Charge Under §18.2-79

This post is part of a series discussing different Fairfax arson charges.  This article focuses on the Fairfax arson charge found in Va. Code §18.2-79, burning or destroying of a meeting house.

Arson is the malicious burning or destruction of property by use of fire or an explosive device.

Fairfax Arson Charge §18.2-79

§18.2-79 criminalizes the malicious burning or destruction of a meeting house.  “Meeting House” is a term of art and examples are given in the statute.  This charge is punished  by up to 20 years in prison and a fine up to $100,000.

Proof of Arson under §18.2-79

In Virginia, it is assumed that the cause of the fire was an accident.  This makes the burden very high for the Commonwealth to prove a Fairfax arson charge.

Mental State

The Commonwealth must prove that the accused intentionally started a fire to convict under §18.2-79. This means the Commonwealth must prove the offender’s mental state.

Burning

There must be a burning of or damage to the building or structure to convict.  Even slight burning is enough to convict on a Fairfax arson charge.

“Meeting House”

According to §18.2-79, a meeting house includes a courthouse, townhouse, college, academy, school house, banking house, storehouse, manufactory or mill.

Public Use

To convict under §18.2-79, the building must be for public use.  It cannot be a dwelling place, which is covered under §18.2-77.  §18.2-79 specifically excludes buildings that are covered under the original arson statute (§18.2-77), even though they are public.  For more information on the Fairfax arson charge criminalizing the malicious burning of a dwelling place (§18.2-77), click here.

Punishment for Fairfax Arson Charge §18.2-79

The Fairfax arson charge found in Va. Code §18.2-79 is punished with up to 20 years in prison.  If someone is in the structure when the arson is committed, it is a Class 3 felony.  It is punished by 5-20 years in prison and a fine up to $100,000.  If no one was present, it is a Class 4 felony.  It is punished by 2-10 years in prison and a fine up to $100,000.

Statute

§ 18.2-79 criminalizes the malicous burning or destroying of a meeting house.  The statute provides:

“If any person maliciously burns, or by the use of any explosive device or substance, maliciously destroys, in whole or in part, or causes to be burned or destroyed, or aids, counsels, or procures the burning or destroying, of any meeting house, courthouse, townhouse, college, academy, schoolhouse, or other building erected for public use except an asylum, hotel, jail, prison or church or building owned or leased by a church that is immediately adjacent to a church, or any banking house, warehouse, storehouse, manufactory, mill, or other house, whether the property of himself or of another person, not usually occupied by persons lodging therein at night, at a time when any person is therein, or if he maliciously sets fire to anything, or causes to be set on fire, or aids, counsels, or procures the setting on fire of anything, by the burning whereof any building mentioned in this section is burned, at a time when any person is therein, he shall be guilty of a Class 3 felony. If such offense is committed when no person is in such building mentioned in this section, the offender shall be guilty of a Class 4 felony.”

Other Fairfax Arson Charges

§18.2-77 prohibits the malicious burning or destruction of a dwelling house.  This Fairfax arson charge is punished by up to life in prison and a fine up to $100,000.  For more information on the malicious burning of a dwelling house (Va. Code §18.2-77), click here.

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

§18.2-81 discusses the Fairfax arson charge related to personal property.  If the property destroyed was more than $200 in value, it is a Class 4 felony.  If the damage was less, it is a Class 1 misdemeanor.  Click here for more information on this arson charge.

§18.2-82 applies to a Fairfax arson charge resulting from the offender’s attempt to commit a felony.  This Fairfax arson charge is punished by 2-10 years in prison, a fine up to $100,000, or both.  For more information on this charge, click here.

§18.2-86 prohibits maliciously setting fire to anything capable of spreading fire on land.  This Fairfax arson charge is punished by 1-5 years in prison.  It can be punished by 12 months in jail, a fine up to $2500, or both.  More information on this Fairfax arson charge can be found here.

§18.2-87 prohibits, in addition to maliciously setting fire to anything capable of spreading fire on land, allowing that fire to escape the land of another.  It is a Class 1 misdemeanor.  It is punished by up to 12 months in jail, a fine up to $2500, or both.  For more information on this Fairfax arson charge click here.

§18.2-88 prohibits carelessly damaging property by fire.  It is a Class 4 misdemeanor.  The maximum punishment for this charge is a fine of $250.  Click here for more information on this Fairfax arson charge.

 

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