In this chapter, the following terms have the following meanings:
(a)“Structure” means any building, or commercial or public tent, bridge, tunnel, or powerplant.
(b)“Forest land” means any brush covered land, cut-over land, forest, grasslands, or woods.
(c)“Property” means real property or personal property, other than a structure or forest land.
(d)“Inhabited” means currently being used for dwelling purposes whether occupied or not. “Inhabited structure” and “inhabited property” do not include the real property on which an inhabited structure or an inhabited property is located.
(e)“Maliciously” imports a wish to vex, defraud, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.
(f)“Recklessly” means a person is aware of and consciously disregards a substantial and unjustifiable risk that his or her act will set fire to, burn, or cause to burn a structure, forest land, or property. The risk shall be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.
Notes of Decisions
People v. Vang, 1 Cal. App. 5th 377 (Cal. Ct. App. 2016).
· cites it 3× “” Where the structure or property burned is ‘“inhabited,” the crime is ‘“a felony punishable by imprisonment in the state prison for three, five, or eight years.”
People v. Fry, 19 Cal. App. 4th 1334 (Cal. Ct. App. 1993).
· cites it 2× “” Penal Code section 450, subdivision (e), provides, “ ‘Maliciously’ imports a wish to vex, defraud, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.”
People v. Atkins, 18 P.3d 660 (Cal. 2001).
“” (Pen. Code, § 450, subd. (e).) It follows that the mental state required for the crime of arson could readily be deemed to be one of specific intent—namely, an intent to engage in certain proscribed conduct, that is, setting fire to an indicated object, burning it, or causing…”
United States v. Snellenberger, 493 F.3d 1015 (9th Cir. 2007).
“See Cal.Penal Code §§ 450, 460(a), (b). However, like any charging document, the information is insufficient alone to prove the facts to which Snellenberger admitted.”
Jordison v. Gonzales, 501 F.3d 1134 (9th Cir. 2007).
“Cal. Penal Code § 450 (a)-(b). Section 452(c)’s prohibition is not limited to fires that damage the property of others, unlike other California crimes of burning, which do require proof that someone else’s property was damaged.”
People v. Jones, 199 Cal. App. 3d 543 (Cal. Ct. App. 1988).
· cites it 2× “Code, § 451, subd. (b).) The statute defines “structure” as a “building” and “inhabited” as “currently being used for dwelling purposes whether occupied or not.”
People v. Goolsby, 244 Cal. App. 4th 1220 (Cal. Ct. App. 2016).
“(Pen. Code, § 450, subds. (a), (c).) Second, arson of property cannot be committed by burning one’s own property, absent either an intent to defraud or “injury to another person or another person’s structure, forest land, or property” (Pen.”
Kim, 26 I. & N. Dec. 912 (BIA 2017).
“” Cal. Penal Code § 450 (f) (2016); see also People v.”
United States v. Michael Lee Snellenberger, 480 F.3d 1187 (9th Cir. 2007).
“See Cal.Penal Code §§ 450, 460(a), (b). However, like any charging document, the information is insufficient alone to prove the facts to which Snellenberger admitted.”
T.O. IX, LLC v. Superior Court, 165 Cal. App. 4th 140 (Cal. Ct. App. 2008).
“” (Pen. Code, § 450, subd. (a).) Other official documents, including the California Department of Transportation’s Highway Design Manual, refer to highways and streets as structures.”
People v. Atkins, 18 P.3d 660 (Cal. 2001).
“" (Pen.Code, § 450, subd. (e).) It follows that the mental state required for the crime of arson could readily be deemed to be one of specific intentnamely, an intent to engage in certain proscribed conduct, that is, setting fire to an indicated object, burning it, or causing…”
Cal. Penal Code § 450(b): 1 case
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