UCMJ Article 126: Arson
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Article 126 covers three offenses: aggravated arson, which endangers human life by burning an inhabited dwelling or a structure the accused knows is occupied; simple arson, which burns another person’s property; and burning any property, even one’s own, with intent to defraud. All require that the fire be set willfully and maliciously, not by accident or negligence. The maximums run from 5 years for simple arson to 25 years for aggravated arson.
Three offenses in § 926
Under 10 U.S.C. § 926:
- (a) Aggravated arson. A person who, “willfully and maliciously, burns or sets on fire an inhabited dwelling, or any other structure, movable or immovable, wherein, to the knowledge of that person, there is at the time a human being.”
- (b) Simple arson. A person who, “willfully and maliciously, burns or sets fire to the property of another.”
- (c) Burning property with intent to defraud. A person who, “willfully, maliciously, and with intent to defraud, burns or sets fire to any property.”
What each offense protects
The Manual for Courts-Martial (2024 ed.), Part IV, ¶ 75.c(1), names the core of each:
- in aggravated arson, “danger to human life is the essential element”;
- in simple arson, it is injury to the property of another;
- in burning with intent to defraud, it is the fraudulent intent. “It is immaterial to whom the property belonged.” The Manual’s example is burning property in order to file a false insurance claim.
In either form of arson, “it is immaterial that no one is, in fact, injured.” The fire must be set willfully and maliciously, “not merely by negligence or accident.”
Inhabited dwellings and occupied structures
Inhabited dwelling means a structure used for habitation; no one has to be inside when it burns (¶ 75.c(2)(a)). It includes outbuildings that form part of the residence. A shop or store is not an inhabited dwelling unless someone lives there, nor is a house never occupied or temporarily abandoned. A person can commit aggravated arson of his or her own dwelling, as owner or tenant.
Other structures count when the accused knows a person is inside: the Manual lists a theater, church, boat, trailer, tent, and auditorium, public or private (¶ 75.c(2)(b)). Knowledge may be shown by circumstances, such as a department store or theater during business hours, where a reasonable person would have known someone was inside.
For aggravated arson, the value and ownership of the building do not matter, though they may be proved to allow a finding of the included offense of simple arson (¶ 75.c(2)(d)).
Charring counts; scorching does not
The structure need not be consumed or materially damaged: “it is enough if fire is actually communicated to any part thereof. Any actual burning or charring is sufficient, but a mere scorching or discoloration by heat is not” (¶ 75.c(2)(c)).
25 years for aggravated arson
From ¶ 75.d:
| Offense | Maximum |
|---|---|
| Aggravated arson | Dishonorable discharge, forfeiture of all pay and allowances, 25 years |
| Simple arson, property of some value | Dishonorable discharge, forfeiture of all pay and allowances, 5 years |
| Simple arson, property worth more than $1,000 | Dishonorable discharge, forfeiture of all pay and allowances, 10 years |
| Burning with intent to defraud | Dishonorable discharge, forfeiture of all pay and allowances, 10 years |
For simple arson above $1,000, the value is an added element the government must prove (¶ 75.b(2)(c)).
When a fire leads to other charges
A death caused during the perpetration or attempted perpetration of aggravated arson is murder under Article 118(4), whether or not the killing was intended. Willfully damaging or destroying military property without proper authority can also be charged under Article 108, and willfully and wrongfully destroying or damaging other property under Article 109.
Sources
- 10 U.S.C. § 926, Article 126, Arson; burning property with intent to defraud (Cornell LII)
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 75
General information about military law, not legal advice for any individual case.