From: mss2@kimbark.uchicago.edu (Michael S. Schiffer)
Subject: Re: Calling all Techers (especially lawyers)
Reply-To: mss2@midway.uchicago.edu
Organization: University of Chicago Computing Organizations
Date: Sat, 12 Dec 1992 23:28:13 GMT

	"You'll definitely want to get a real lawyer to go over this,
but a first cursory look at the California statute doesn't seem to
support a charge of felony arson."  Michael pulls out some Lexis
printouts and lays them on the bar for anyone who wants to look at
them.  "Here's the statute:"

                                  PENAL CODE                                   
                        PART 1. Crimes and Punishments                         
                      TITLE 13. Crimes Against Property                        
                                CHAPTER 1. Arson                               

                           Cal Pen Code @ 451 (1992)                           

@ 451.  Punishment for arson                                                   

   A person is guilty of arson when he or she willfully and
maliciously sets fire to or burns or causes to be burned or who aids,
counsels, or procures the burning of, any structure, forest land, or
property.

   (a) Arson that causes great bodily injury is a felony punishable by
imprisonment in the state prison for five, seven, or nine years.

   (b) Arson that causes an inhabited structure or inhabited property
to burn is a felony punishable by imprisonment in the state prison for
three, five, or eight years.

   (c) Arson of a structure or forest land is a felony punishable by
imprisonment in the state prison for two, four, or six years. However,
in addition to any enhancement imposed pursuant to Section 667, if the
person was previously convicted of arson of a structure or forest land
and the prior conviction is charged in the accusatory pleading and
admitted by the defendant or found to be true by the trier of fact, in
addition and consecutive to the punishment prescribed for the felony
of which he or she has been convicted the person shall be punished by
an additional term of imprisonment in the state prison for one, two,
or three years.

   (d) Arson of property is a felony punishable by imprisonment in the
state prison for 16 months, two, or three years. For purposes of this
paragraph, arson of property does not include one burning or causing
to be burned his or her own personal property unless there is an
intent to defraud or there is injury to another person or another
person's structure, forest land, or property.
                                                                               
   (e) In the case of any person convicted of violating this section
while confined in a state prison, prison road camp, prison forestry
camp, or other prison camp or prison farm, or while confined in a
county jail while serving a term of imprisonment for a felony or
misdemeanor conviction, any sentence imposed shall be consecutive to
the sentence for which the person was then confined.


	Michael puts down the California statute book.  "Obviously,
since there was no bodily injury or damage to inhabited property, and
presumably the courtyard in question isn't forest land, the only
provision this would fit under would be (d).  Except that I presume
the wood was the students' personal property (or at least would be
hard to prove otherwise, the burden being on the prosecution here).
Clearly there was no intent to defraud (it being fairly difficult to
perpetrate insurance fraud by building a bonfire by any means _I_ can
think of :-) ) and there was no injury to anyone else or anyone else's
property according to all of the above-- indeed, steps were taken to
ensure that no such damage would occur.  It wouldn't surprise me if
the fire were against any number of local fire codes or ordinances,
but felony arson?  Not unless the case law is pretty strange, which is
always possible but not the way I'd bet.

	"Either I missed something in my quick look through CA law
(always possible-- it's finals week here, and I don't have _that_ much
time :-) ) or the folks in question are clueless, or they're trying to
give the house members a scare.  Or some other motive I haven't come
up with.  But it doesn't look to me like they'd have any significant
chance of getting a felony conviction of a college student with no
record for a bonfire which didn't cause any property damage or injury.
And insofar as they're claiming they can, they're not being honest,
IMHO."

Michael

-- 
Michael S. Schiffer, LHN, FCS	"Indeed I tremble for my country
mss2@midway.uchicago.edu	 when I reflect that God is just."
mike.schiffer@um.cc.umich.edu	 -- Thomas Jefferson, Notes on
mschiffer@aal.itd.umich.edu	    Virginia (1784)