Arson Criminal Code or Statutes Essay

Criminal Law

In Minnesota, the criminal code for arson falls under damage or trespass to property. It is regarded as a serious crime incorporating damage to property and threats to human life. Based on Minnesota criminal code 609.56, arson is classified into four categories i.e. arson in the first degree (609.561), arson in the second degree (609.562), arson in the third degree (609.563), arson in the fourth degree (609.531), and arson in the fifth degree (609.532). As defined in this criminal code, the key elements of this crime include illegal destruction or damage of a building and deliberate use of fire or explosives (Office of the Revisor of Statutes, 2019). Arson in the first degree entails unlawful intentional destruction or damage of a building used for dwelling using fire or explosives while second degree incorporates any building not covered in the first degree classification. Arson in the third degree includes any real or personal property while fourth degree includes public buildings and multiple unit residential buildings and fifth degree relates to the guilt of a misdemeanor.

In New Jersey, arson involves deliberate or reckless causing of a fire/explosion, starting a fire illegally, or illegal burning of a structure or building for destruction or to collect the insurance (Rosenberg, Perry & Associates, 2020). One of the similarities between New Jersey and Minnesota’s criminal code of arson is that the definition of the crime incorporates similar elements. Secondly, charges or punishment of the crime are classified into different categories depending on the different conditions such as the nature of the crime, type of building, and criminal intent. However, these criminal codes for the two states have some differences including classification. Minnesota has five different classifications of arson while New Jersey has fourth different classifications as set forth in N.J.S.A. 2C17-1. Secondly, these classification differ between the two states in terms of the target of the fire and property in question.

References

Office of the Revisor of Statutes. (2019). 2019 Minnesota Statutes. Retrieved from Minnesota Legislature website: https://www.revisor.mn.gov/statutes/cite/609

Rosenberg, Perry & Associates. (2020). Arson. Retrieved June 13, 2020, from https://www.rosenbergperry.com/practice-areas/criminal-defense/arson/