CHAPTER XXII.

 

ARSONS AND OTHER MALICIOUS BURNINGS

 

CONTENTS*

 

SECTION 1. Arson defined

2.     Arson in the first degree defined—Punishment

3.     Arson in the second degree defined—Punishment.

4.     Malicious burning defined

5.     Presumptions as to malice

6.     Malicious burning in the first degree defined—Punishment.

7.     8.   Malicious burning in the second and third degree defined—Punishment.

9.     Burning timber or products of the soil—Punishment

10.  What is Burning

11.  Burning of husband’s property by the wife

 

1. Arson is a crimp of willfully and maliciously burning the dwelling house of another.

 

2. Whoever willfully and maliciously burns in the night time, the dwelling house of another, in which there is at the time of such burning any occupant or inmate, is guilty of arson in the first degree, and shall be punished by death, or imprisonment at hard labor for life, in the discretion of the court.

 

3.  Whoever willfully and maliciously burns in the day time, the dwelling house of another, is guilty of arson in the second degree, and shall be punished by imprisonment at hard labor for life, or any number of years, in the discretion of the court.

 

4.  A malicious burning, is the offense of burning a thing, whether that of the offender or of another person, with intent to injure another, or without any legal or justifiable motive or object, and with a reckless disregard of the life, or personal safety, property, or legal rights, or interests of another, where the same are obviously, immediately, and imminently endangered by the burning.

 

5. Where the thing burnt or attempted to be burnt, is that of another than the offender, malice shall be presumed; where it is that of the offender, the malice must be shown.

 

6.  Whoever willfully and maliciously, or fraudulently burns in the night, any building, vessel, or structure whatsoever, whether partly or wholly his own, or that of another, by the burning of which another might be injured, where the buildings, vessels or structures burnt, are, with their contents, of the value of one thousand dollars or more, is guilty of malicious burning in the first degree, and shall be punished by imprisonment for life at hard labor, or any number of years, in the discretion of the court.

 

7.   Where the burning mentioned in the preceding section, is in the day, the offender is guilty of malicious burning in the second degree, and shall be punished by imprisonment at hard labor not more than ten years.

 

8.   Whoever willfully and maliciously, or fraudulently burns, either in the night or day, any building, vessel or structure whatsoever, whether partly or wholly his own or that of another, by the burning of which another might be injured, where the buildings, vessels, or structures burnt, are, with their contents, of the value of five hundred dollars or over, and less than one thousand, is guilty of malicious burning in the second degree, and shall be punished by imprisonment at hard labor not more than ten years.

 

Where such value is less than five hundred dollars, it is a malicious burning in the third degree, and the offender shall be punished by imprisonment at hard labor not more than five years, or by fine not exceeding five hundred dollars, in the discretion of the court

 

9.   Whoever willfully and maliciously burns any pile or parcel of wood, timber, or lumber, or any field, patch, stack, or parcel of grass, grain, cane, or other vegetable product, whether severed from the soil or not, or any standing trees, brush or underwood, or other standing product of the sod of another, is guilty of a malicious burning in the third degree, and shall be punished by imprisonment at hard labor not more than five years, or by fine not exceeding five hundred dollars, in the discretion of the court.

 

10.  It shall be sufficient to constitute a burning, within the meaning of the provisions of this chapter, if any part of the building, structure, or other thing burnt, is on fire, though no part thereof is absolutely consumed.

 

11.  The provisions of this chapter shall apply to a married woman, equally with any other person; though the property burnt or set fire to may belong partly or wholly to her husband.