Q: can you commit 451(c) pc and 452(c) pc simultaneously?
A:
Fires are universally feared for their destructive and unpredictable nature and can destroy entire neighborhoods if not controlled. As a result, the crime of arson, or intentionally starting fires, is a very serious offense in California. Under California Penal Code Section 451 PC, maliciously setting a fire is a serious felony that can result in lengthy prison sentences, and under California Penal Code Section 452 PC, recklessly starting a fire that causes damage and/or injury is a "wobbler" that can also lead to felony charges.
To prove malicious arson under California Penal Code Section 451 PC, the prosecutor must be able to establish the following elements:
The defendant set fire to or burned (or helped someone burn) a structure, forest land, or other property AND
He or she acted willfully and maliciously
Someone acts willfully when he or she does it willingly or on purpose. Someone acts maliciously when he or she intentionally does a wrongful act or when he or she acts with the unlawful intent to defraud, annoy or injure another person.
Malicious arson can involve any of the following felony offenses:
California Penal Code Section 451(a) PC – If the malicious arson causes another to suffer great bodily injury, the defendant can be sentenced to up to nine years in prison.
California Penal Code Section 451(b) PC – If an inhabited building is burned due to malicious arson, the defendant can be sentenced to up to eight years in prison
California Penal Code Section 451(c) PC – If a non-inhabited structure or forest is burned as a result of the malicious arson, the defendant can be sentenced to up to six years in prison.
California Penal Code Section 451(d) PC – If the defendant’s or someone else’s property is burned as a result of the malicious arson, the defendant can be sentenced to up to three years in prison.
To prove reckless arson under California Penal Code Section 452 PC, the following elements must be present:
The defendant set fire to or burned (or assisted in burning) a structure, forest land, or property AND
The defendant did so recklessly
A: A single act can violate more than one statute, and some crimes are "lesser included offenses" of more serious crimes. PC 452(c) is a lesser included offense of 451(c). An individual could be convicted of one, but not both for starting an unlawful fire. The difference is a matter of one's state of mind.
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