The 2025 fires that ravaged Pacific Palisades, Malibu, Pasadena, and other southern California cities were largely the product of the Santa Ana winds and lack of foresting safeguards. However, there is increasing speculation that arson played some part.
Penal Code § 451 PC is the California law that prohibits arson, which is willfully and maliciously setting fire to any structure, forest land, or property. You can also be convicted for aiding, counseling, or procuring the burning.
Arson is a felony punishable by up to 9 years in jail or state prison.
Examples
- setting fire to someone else’s car as an act of revenge
- causing a forest fire by intentionally throwing a lit cigarette into dry grass and branches (despite posted signs warning not to do so)
- setting fire to a restaurant in order to collect insurance policy money (insurance fraud) for the value of the property damage
Note that PC 451 is one of three California arson laws. The second is Penal Code 452 PC, which prohibits the less serious crime of reckless burning. The third is Penal Code 451.5 PC, which prohibits the more serious crime of aggravated arson.
Our California criminal defense attorneys will explain the following in this article:
- 1. What is arson?
- 2. Defenses
- 3. Penalties
- 4. Reckless Burning
- 5. Aggravated Arson
- 6. Immigration
- 7. Expungements
- 8. Gun Rights
- 9. Is arson a “strike” offense?
- 10. Related Offenses
- Additional Reading
Police will sometimes write an arson citation as 451 PC or 451 CPC.
1. What is arson?
Penal Code 451 PC is California’s arson statute. It makes it a crime to set fire to any:
- structure,
- forest land, or
- property.1
The elements of arson are spelled out in California Jury Instruction 1515. For you to be convicted, the prosecutor must prove beyond a reasonable doubt the following two elements of the crime:
- You set fire to or burned, or caused the burning of, a structure, forest land, or property, and
- You acted willfully and maliciously.2
It does not matter how little of the property or structure gets burned.3 The simple charring of wood is sufficient evidence of a “fire or burn.”4
These elements are discussed in more detail below.
“Willfully and Maliciously” Meaning
For purposes of this law, you commit an act willfully when you do it
- willingly or
- on purpose.5
Under common law, you act maliciously when you intentionally do a wrongful act.6 It is also malicious when you act with the unlawful intent to:
- defraud,
- annoy, or
- injure someone else.7
“Structure and Forest Land” Meaning
California law states that a structure is any:
- building,
- bridge,
- tunnel,
- power plant, or
- commercial or public tent.8
Arson fire damage to fixtures within a building may fall into the category of a “structure” if the fixtures are an integral part of the building.9
PC 451 says that a forest land means:
- brush-covered land,
- cut-over land,
- forest,
- grasslands, or
- woods.10
“Property” Meaning
Property, under California arson laws, means personal property or land (real property) other than forest land.11 This definition includes items like:
- clothing, and
- trash.12
Note that arson of property does not include you burning your own personal property. This is unless:
- the burning was done with an intent to defraud, or
- someone was injured in the building.13
Example: Nia is not guilty of PC 451 if she does a controlled burn of an old shed on her property in order to remove it.
However, she may be guilty of the offense if someone gets hurt in the burn or she performed the burn to defraud her insurance company.
A potential defense to all criminal charges is police misconduct. For example, the police coerced your confession.
2. Defenses
Here at Shouse Law Group, we have represented literally thousands of people accused of property crimes like arson. In our experience, the following three defenses have proven very effective with judges, juries, and prosecutors at getting these charges reduced or dismissed.
1) You Did Not Act Willfully
Claiming that the burning was an accident is a strong defense because the D.A. has no way of getting inside of your head to prove what your intent was. Typical evidence we rely on includes:
- video surveillance,
- eyewitnesses,
- your recorded communications (such as texts, voicemails, etc.)
2) The Fire Was Not Started by Arson
It is always a defense in PC 451 cases to show that a fire was started by something else other than arson. Some common causes of fires include:
- harsh weather or lightning (especially for wildfires),
- faulty or old wiring,
- cooking and heating equipment, and
- smoking.
In these cases, we rely on fire experts and accident reconstruction experts to examine the scene and testify that the cause of the fire had nothing to do with you.
3) You Had No Intent to Defraud
We see many cases where fire victims are falsely accused of burning their property to get insurance money. If we can get a fire expert to testify that the fire was caused, for example, by a faulty electrical wire or fireplace spark, the D.A. may have to drop the arson charges for lack of proof.
3. Penalties
Arson is a felony in California.14 As the following chart shows, the specific punishment depends on:
- the type of property that was burned, and
- whether or not someone suffered a burn injury.15
| California Arson Crime | Felony Prison Sentence |
| Malicious burning of personal property | 16 months, 2 years, or 3 years |
| Malicious burning of a structure or forest land | 2, 4, or 6 years |
| Malicious burning that causes an inhabited structure or inhabited property to burn | 3, 5, or 8 years |
| Burning that causes great bodily injury | 5, 7, or 9 years |
4. Reckless Burning
Whereas California Penal Code 451 PC outlaws willfully and maliciously setting fire to property, California Penal Code 452 PC outlaws recklessly setting fire to property.
“Recklessly” is less criminally blameworthy than “willfully and maliciously.” When you are reckless, you did not necessarily mean any harm; you were just acting in an extremely risky way that any reasonable person should have known would likely result in property damage or injuries.
An example of PC 452 is dropping a match on the street after lighting your cigarette, and the match then causes some debris to catch fire: You may not have meant for the match to cause a fire, but you should have known that causing a fire was the likely result of your reckless actions. In short, dropping a lit match on debris is a gross departure from what a reasonable person would do.
Since violating PC 452 does not involve malicious and willful behavior, it is usually a wobbler This means it can be a misdemeanor or a felony, as the following table shows.16
| PC 452 Crime | Punishments |
| Reckless burning of a structure or forest land | Misdemeanor: Up to 6 months in county jail and/or $1,000or Felony: 16 months, 2 years, or 3 years in state prison and/or up to $10,0001 |
| Reckless burning of an inhabited structure or inhabited property | Misdemeanor: Up to 1 year in county jail and/or $1,000or Felony: 2, 3, or 4 years in state prison and/or up to $10,000 |
| Reckless burning causing great bodily injury | Misdemeanor: Up to 1 year in county jail and/or $1,000or Felony: 2, 4, or 6 years in state prison and/or up to $10,0002 |
| Other reckless burning cases | Misdemeanor: Up to 6 months in county jail and/or $1,000 |
5. Aggravated Arson
Aggravated arson under California Penal Code 451.5 PC is a more serious version of arson under PC 451. It is typically charged in cases where you allegedly have a prior history of arson or caused widespread damage.
For you to be convicted of aggravated arson, California prosecutors have to prove the following three elements:
- You willfully, maliciously, deliberately and with premeditation set fire to, burned (or caused to be burned, or aided, counseled, or procured the burning of) any residence, structure, forest land, or property, and
- You had the intent to either:
- cause injury to one or more persons, or
- cause damage to property under circumstances likely to produce injury to one or more persons, or
- cause damage to one or more structures or inhabited dwellings, and
- One or more of the following aggravating factors exists:
- You have previously been convicted of arson within the past 10 years, or
- The fire caused property damage and other losses (including the costs of fire suppression) in excess of $10,100,000, exclusive of damage to, or destruction of, inhabited dwellings, or
- The fire caused damage to, or the destruction of, five or more inhabited dwellings.
Aggravated arson is a felony carrying 10 years to life in prison. There is no possibility of parole before 10 years.17
See our related article, How is aggravated arson different from simple arson?
6. Immigration
A PC 451 conviction is a deportable crime. This means if you are a non-U.S. citizen convicted of arson, you may be thrown out of the U.S. after serving your sentence.18
7. Expungements
You can get your arson conviction expunged if you:
- successfully complete probation or
- complete a jail term (whichever is relevant).
If you violate a probation term, you could still possibly get the offense expunged. This, though, would be in the judge’s discretion.19
8. Gun Rights
A conviction under 451 PC will cause you to lose your gun rights. This is because arson is a felony.
9. Is arson a “strike” offense?
Under California’s Three Strikes Laws, arson is a “strike offense” if it causes
- great bodily injury or
- an inhabited structure or inhabited property to burn.
You face enhanced penalties for felony convictions whenever you have prior strike offenses.20
10. Related Offenses
- Penal Code 187 PC – First-degree murder
- Penal Code 459 PC – Burglary
- Penal Code 550 PC – Submitting fraudulent insurance claims
- Penal Code 602 PC – Trespass
Additional Reading
For more in-depth information on arson laws, refer to these scholarly articles:
- The Evolution of Fire Investigation and its Impact on Arson Cases – Criminal Justice.
- The Metamorphosis of the Law of Arson – Missouri Law Review.
- Assessment, Treatment and Sentencing of Arson Offenders: An Overview – Psychiatry, Psychology, and Law.
- Legal Aspects of Arson – Journal of Criminal Law, Criminology & Police Science.
- The Crime of Arson – Journal of Criminal Law & Criminology.
Legal References:
- California Penal Code 451 PC. Note that California does not divide arson into first degree, second degree, and third degree like some New York and some other states. In Britain, arson is called “fire-raising.” Etymology-wise, the word arson originally comes from Old French and Late Latin.
- CALCRIM No. 1515 – Arson (Pen. Code, § 451(c) & (d)). Judicial Council of California Criminal Jury Instructions (2024 edition).
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant set fire to or burned [or (counseled[,]/ [or] helped[,]/ [or] caused) the burning of] (a structure/forest land/ property);
AND
2. (He/She) acted willfully and maliciously.See also People v. Atkins (2001) 25 Cal.4th 76, 83-84, 86, (voluntary intoxication does not negate mental state). See also People v. Buckner (Cal.App. 2023) . - See same. See also People v. Haggerty (1873) 46 Cal. 354; and, In re Jesse L. (1990) 221 Cal.App.3d 161.
- People v. Simpson (1875) 50 Cal. 304.
- CALCRIM No. 1515.
- See same. See also People v. Labaer (2001) 88 Cal.App.4th 289.
- Same. See also In re Stonewall F. (1989), 208 Cal. App. 3d 1054.
- CALCRIM No. 1515.
- In re Jesse L., supra; and, People v. Lee (1994) 24 Cal.App.4th 1773.
- CALCRIM No. 1515.
- See same. See also In re L.T. (2002) 103 Cal.App.4th 262.
- CALCRIM No. 1515. See also People v. Reese (1986) 182 Cal.App.3d 737; and, In re L.T. (2002) 103 Cal.App.4th 262.
- California Penal Code section 451d PC.
- See same. See also People v. Shiga (2019) 34 Cal.App.5th 466, 475.
- See same.
- PC 452.
- PC 451.5.
- See INA 237 (a) (2) (A). People v. Miles (1985) 172 Cal.App.3d 474.
- California Penal Code 1203.4 PC.
- California Penal Code 667 and 667.5 PC.