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Arson〔arson 1680, from Anglo-French. arsoun (1275), from Old French arsion, from L.L. arsionem (nom. arsio) "a burning," from L. arsus pp. of ardere "to burn," from PIE base *as- "to burn, glow" (see ardent). The Old English term was bærnet, lit. "burning;" and Coke has indictment of burning (1640). Arsonist is from 1864. Dictionary.com. Online Etymology Dictionary. Douglas Harper, Historian. () (accessed: January 27, 2008)〕 is the crime of intentionally, deliberately and maliciously setting fire to buildings, wildland areas, dumpsters,〔 〕 vehicles or other property with the intent to cause damage. It may be distinguished from other causes such as spontaneous combustion and natural wildfires. Arson often involves fires deliberately set to the property of another or to one's own property as to collect insurance compensation.〔(arson ). Dictionary.com. The American Heritage Dictionary of the English Language, Fourth Edition. Houghton Mifflin Company, 2004. Accessed: January 27, 2008〕 A person who commits this crime is called an arsonist. More often than not, arsonists use accelerants (such as gasoline or kerosene) to ignite, propel, and directionalize fires. ==English common law== Historically, the common law crime of arson had four elements: #The malicious #burning #of the dwelling #of another ::The malicious – for purposes of common law arson, "malicious" refers action creating a great risk of a burning. It is not required that the defendant acted intentionally or willfully for the purpose of burning a dwelling. ::burning – at common law charring to any part of dwelling was sufficient to satisfy this element. No significant amount of damage to the dwelling was required. On the other hand mere discoloration from smoke was insufficient. Actual damage to the material from which the structure was built is required.〔Charring . Accessed 2014-03-11〕 Damage to surface coverings such as carpets and wallpaper is insufficient.〔 Arson was not limited to the burning of wooden structures. Any injury or damage to the structure caused by exposure to heat or flame is sufficient. ::of the dwelling – dwelling refers to a place of residence. The destruction of an unoccupied building was not considered arson, "since arson protected habitation, the burning of an unoccupied house did not constitute arson." At common law a structure did not become a residence until the first occupants had moved in and ceased to be a dwelling if the occupants abandoned the premises with no intention of resuming their residency.〔Boyce & Perkins, Criminal Law, 3rd ed. (1992) at 280&81.〕 Dwelling includes structures and outbuildings within the curtilage.〔Boyce & Perkins, Criminal Law, 3rd ed. (1992) at 281.〕 Dwellings were not limited to houses. A barn could be the subject of arson if it was occupied as a dwelling. ::of another – burning one's own dwelling does not constitute common law arson, even if the purpose was to collect insurance, because "it was generally assumed in early England that one had the legal right to destroy his own property in any manner he chose."〔(【引用サイトリンク】title=Arson: Legal Aspects – Common Law Arson )〕 Moreover, for purposes of common law arson, possession or occupancy rather than title determines whose dwelling the structure is.〔 Thus a tenant who sets fire to his rented house would not be guilty of common law arson,〔 while the landlord who set fire to a rented dwelling house would be guilty. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Arson」の詳細全文を読む スポンサード リンク
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