10.6.6.2: Arson Intent — Read

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The criminal intent element required for arson in many jurisdictions is the general intent or knowingly to commit the criminal act (Ga. Code tit. 16 § 16-7-60). Thus the defendant only needs the intent to burn or damage property specified in the arson statute; the defendant does not have to intend to burn a specific structure or personal property, even if that is the end result (People v. Atkins, 2011). The Model Penal Code requires starting a fire or causing an explosion “with the purpose of destroying a building or occupied structure of another; or destroying or damaging any property…to collect insurance for such loss” (Model Penal Code § 220.1(1)).

Example of Arson Intent

Review the example with Clark and Manny in “Example of Arson Act”. Change this example so that Clark and Manny leave the area and a tiny spark from the fire they set begins to ignite. After a few hours, a large and powerful fire starts and burns thousands of acres in the forest. Clark and Manny most likely have the criminal intent element required for arson in many jurisdictions. Although Clark and Manny did not necessarily want to burn thousands of acres of forest land, they did intentionally or knowingly start a fire in the forest, which is all that many modern arson statutes require. Thus even though Clark and Manny did not intend the end result, Clark and Manny are probably subject to prosecution for and conviction of arson for their conduct.

This page titled 10.6.6.2: Arson Intent was last modified on Thu, 03 Sep 2026 13:03:54 GMT and is shared under a CC BY-NC-SA 4.0 license and was authored, remixed, and/or curated by Mark C Fields and Carmyn A. Radetic-Fields.

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