{"id":373928,"date":"2018-06-26T12:34:20","date_gmt":"2018-06-26T17:34:20","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/massachusetts-law\/massachusetts-arson-laws.html"},"modified":"2018-06-27T12:07:21","modified_gmt":"2018-06-27T17:07:21","slug":"massachusetts-arson-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/massachusetts-arson-laws.html","title":{"rendered":"Massachusetts Arson Laws"},"content":{"rendered":"\n
\n \n
\n

Massachusetts Arson Laws<\/h1>\n
\n
\n

Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

A fire can start for many different reasons – by accident, because of a natural disaster, or after a controlled burn. However, if a person "willfully<\/a> and maliciously" starts a fire, they'll likely face arson charges. While each jurisdiction defines arson in its own way, most all of them – including Massachusetts – treat arson<\/a> as a very serious crime.<\/p>\r\n

Attempted Arson<\/h2>\r\n

In Massachusetts, attempted arson<\/a> is also treated as a serious crime. Attempt is defined as willfully and maliciously attempting to set a fire to or assisting in such an attempt. For purposes of the statute, attempt includes placing flammable substances or devices in or next to a building or property with the intent to eventually willfully and maliciously burn the building or property. A conviction of attempted arson can result in imprisonment in the state prison for up to 10 years, or in jail for up to two and half years or a fine of up to $1,000.<\/p>\r\n

Summary of Massachusetts Arson Laws<\/h2>\r\n

While it's important to read the actual language of a statute when researching questions about the law, it can take more time than you'd like to interpret the language since statutes are usually written using legal jargon. That's why it can be just as important to read a summary of the statutes in plain English. Below you'll find key summaries of key provisions of Massachusetts arson laws as well as links to the relevant statutes.<\/p>\r\n\r\n
Statute(s)<\/b><\/td>\r\n

Massachusetts General Laws Part IV, Title I Ch. 266:<\/p>\r\n

Prohibited Behavior and Definitions<\/b><\/td>\r\n

Violating Massachusetts arson laws involves setting a fire or burning something willfully and maliciously. The distinction between the three statutes listed above is the character of the property that's burned. Some examples* of what constitutes dwelling houses, meeting houses, and wood and other property are listed below:<\/p>\r\n

    \r\n
  • Dwelling House<\/i>: house, apartments, hotels, hospitals, boarding houses, dorms, institutions, etc.<\/li>\r\n
  • Meeting House<\/i>: building for public use (i.e. court house, church, college, jail), office building, shop, warehouse, bank, ship, railway car, bridge, or dam.<\/li>\r\n
  • Wood and Other Property<\/i>: wood, fence, hay, standing tree, grass, someone else's personal property valued at more than $25, boat, or motor vehicle.<\/li>\r\n<\/ul>\r\n

    *The examples listed are not exhaustive. For a full list, please see the statutes.<\/p>\r\n<\/td>\r\n<\/tr>

Penalties<\/b><\/td>\r\n

Violation of Section 1<\/b> is punishable by:<\/p>\r\n

    \r\n
  • Up to 20 years in state prison;<\/li>\r\n
  • Up to 2 \u00bd years in jail;<\/li>\r\n
  • Fine of up to $10,000; or<\/li>\r\n
  • By both a fine and imprisonment.<\/li>\r\n<\/ul>\r\n

    Violation of Section 2<\/b> is punishable by:<\/p>\r\n

      \r\n
    • Up to 10 years in state prison; or<\/li>\r\n
    • Up to 2 \u00bd years in jail.<\/li>\r\n<\/ul>\r\n

      Violation of Section 5<\/b> is punishable by:<\/p>\r\n

        \r\n
      • Up to 3 years in state prison; or<\/li>\r\n
      • Up to 1 year in jail and a fine of up to $500.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Related Statute(s)<\/b><\/td>\r\n

Massachusetts General Laws Part IV, Title I Ch. 266:<\/p>\r\n