Fire/Arson Investigations : Fire/Arson Investigations
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Re: Examples of negligent or reckless arson
Posted by: scotty schuller (IP Logged)
Date: February 27, 2009 11:44AM
The Criminal Code in Pennsylvania (Title 18), Chapter 33 - Arson, Criminal Mischief and Other Property Destruction, Section 3301 - Arson and related offenses - all read "intentionally".
Get past the "intentionally" hurdle and then onto "recklessly". If you dont have the "intentionally" then you can't have "recklessly" under the specific Arson offense.
Pennsylvania does however have the use of Criminal Mischief, Section 3304 - ...recklessly or by negligence in the employment of fire, explosives or other dangerous means...
Pennsylvania also has Risking Catastrophe and Recklessly Endangering.
During the early morning hours accused was removing shingles from roof. Accused lost cell phone. Accused used a road flare on a roof of a three story building for illumination and then extinguished it on the roof.
Get past the "intentionally" hurdle and then onto "recklessly". If you dont have the "intentionally" then you can't have "recklessly" under the specific Arson offense.
Pennsylvania does however have the use of Criminal Mischief, Section 3304 - ...recklessly or by negligence in the employment of fire, explosives or other dangerous means...
Pennsylvania also has Risking Catastrophe and Recklessly Endangering.
During the early morning hours accused was removing shingles from roof. Accused lost cell phone. Accused used a road flare on a roof of a three story building for illumination and then extinguished it on the roof.
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