Is my son an arsonist?

[shrevestone]

Louisiana

My 12 year old son and his friend made a fire-pit out of an old rubber tire by filling it with pine straw and lighting it (they thought they had contained the fire). They later extinguished the fire, or thought they had, and went to play. The fire reignited and burned a neighbors shed. My son addmitted his part, the other boy did not. My son was arrested and is being charged with simple arson. I know we are liable for the damage and will pay 100% since the other boys dad refuses to pay any. My question is; is it arson if there was absolutely no malicious intent? Only boys doing careless boy things that they should not have been doing. My son has been torn up about this, he really likes the lady whose shed burned down, and he has lost his best friend, must he be charged as a criminal too? His court date is coming soon. Any advice would be great. Thank you.What is the name of your state (only U.S. law)?

 

[cyjeff]

When a child commits a criminal act, severe penalties result.

You did not state the exact charge, but I would bet it was along the lines of negligence.

Unless he is being charged with felony arson, I believe the charge to be appropriate.

 

[Zigner]

Louisiana

My 12 year old son and his friend made a fire-pit out of an old rubber tire by filling it with pine straw and lighting it (they thought they had contained the fire). They later extinguished the fire, or thought they had, and went to play. The fire reignited and burned a neighbors shed. My son addmitted his part, the other boy did not. My son was arrested and is being charged with simple arson. I know we are liable for the damage and will pay 100% since the other boys dad refuses to pay any. My question is; is it arson if there was absolutely no malicious intent? Only boys doing careless boy things that they should not have been doing. My son has been torn up about this, he really likes the lady whose shed burned down, and he has lost his best friend, must he be charged as a criminal too? His court date is coming soon. Any advice would be great. Thank you.What is the name of your state (only U.S. law)?

He intended to light the fire. The fire then burned beyond what he expected, but the initial intent was there.

 

[HomeGuru]

Louisiana

My 12 year old son and his friend made a fire-pit out of an old rubber tire by filling it with pine straw and lighting it (they thought they had contained the fire). They later extinguished the fire, or thought they had, and went to play. The fire reignited and burned a neighbors shed. My son addmitted his part, the other boy did not. My son was arrested and is being charged with simple arson. I know we are liable for the damage and will pay 100% since the other boys dad refuses to pay any. My question is; is it arson if there was absolutely no malicious intent? Only boys doing careless boy things that they should not have been doing. My son has been torn up about this, he really likes the lady whose shed burned down, and he has lost his best friend, must he be charged as a criminal too? His court date is coming soon. Any advice would be great. Thank you.What is the name of your state (only U.S. law)?

**A: on whose property did this occur in?

 

[shrevestone]

The charge, as I stated, was simple arson. I thought arson was defined as intentional destruction of property by explosives or fire, but maybe I'm wrong. It happened in a neighbors yard, who is a friend, and she is writing a letter to the judge to let him know it was an accident and that she knows he meant no harm.

 

[Ohiogal]

The charge, as I stated, was simple arson. I thought arson was defined as intentional destruction of property by explosives or fire, but maybe I'm wrong. It happened in a neighbors yard, who is a friend, and she is writing a letter to the judge to let him know it was an accident and that she knows he meant no harm.

IT was intentional. He intentionally started the fire that led to the destruction of property. Fire destroys. The letter will mean NOTHING quite frankly. She may believe he meant no harm but she does not KNOW that. Because harm resulted from his actions.

 

[csi7]

The letter from the neighbor will help your son in the future.

The judge will look at the evidence and the letter will help your son's case.

 

[Ohiogal]

The letter from the neighbor will help your son in the future.

The judge will look at the evidence and the letter will help your son's case.

The LETTER is hearsay and won't help.

 

[tranquility]

§52. Simple arson

A. Simple arson is the intentional damaging by any explosive substance or the setting fire to any property of another, without the consent of the owner and except as provided in R.S. 14:51.

B. Whoever commits the crime of simple arson, where the damage done amounts to five hundred dollars or more, shall be fined not more than fifteen thousand dollars and imprisoned at hard labor for not less than two years nor more than fifteen years.

C. Where the damage is less than five hundred dollars, the offender shall be fined not more than twenty-five hundred dollars or imprisoned with or without hard labor for not more than five years, or both.

Acts 1985, No. 300, §1.

Simple arson seems a general intent crime in Louisiana (And, most states.) and the intent was to start the fire. Specific intent crimes can be committed through the vehicle of arson which require the malicious intent you're thinking of.