18 U.S.C. § 81 – Arson within U.S. special maritime and territorial jurisdiction
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18 U.S.C. § 81 – Arson within U.S. special maritime and territorial jurisdiction
Arson is no joke, folks. Setting fires – I mean, intentionally burning property – can lead to some pretty serious criminal charges if you do it in the wrong place or put people in danger. Let’s break down the federal arson law and what it means if you’re accused of violating it.
The Law Itself
18 U.S.C. § 81 makes it a federal crime to “maliciously set[] fire to or burn[] or attempt[] or conspire[] to do such an act” to any building, structure or vessel within U.S. jurisdiction. This includes all federal properties like military bases, national parks, and federal buildings. It also covers U.S. vessels on the high seas or in U.S. waters. Finally, it applies to all buildings, structures, and vessels on Native American tribal lands.
So if you intentionally set fire to pretty much any building or boat under federal jurisdiction, you could be charged with federal arson under 18 U.S.C. § 81. And that’s true even if you just attempted or conspired to commit arson – you don’t have to succeed in actually burning something down.
Penalties
How much trouble are you in if the feds charge you with arson under 18 U.S.C. § 81? Well, it depends.
If the building you burned was a dwelling or someone’s life was endangered, you’re looking at up to 20 years in federal prison. Otherwise, the maximum sentence is only 5 years. Those are some pretty serious penalties!
Defenses
So what defenses might get you off the hook if you’re accused of violating this federal arson law? Here are some options:
- You didn’t actually intend to set the fire or damage the property – it was just an accident.
- You were coerced or threatened into committing the arson.
- You were legally insane and unable to understand what you were doing.
- The building or property wasn’t actually under federal jurisdiction as required by the statute.
- You were misidentified and weren’t actually the person who committed the arson.
Raising reasonable doubt about any of those factors could potentially get the charges dismissed or lead to an acquittal at trial. But your best bet is probably to negotiate a plea deal to reduce the charges – arson cases often rely heavily on circumstantial evidence that is difficult to fight in court.
There are other related federal laws that criminalize similar behavior to 18 U.S.C. § 81:
- 18 U.S.C. § 844 – Covers arson and attempted arson of any property used in interstate commerce.
- 18 U.S.C. § 1363 – Makes it illegal to destroy or attempt to destroy property within special maritime and territorial jurisdiction of the U.S.
- 18 U.S.C. § 1855 – Prohibits arson and attempted arson within U.S. maritime jurisdiction.
So the feds have lots of tools to prosecute arson-type crimes on federal property or vessels. These laws have some nuances in terms of exactly what property is covered, but they all carry stiff penalties.
Famous Cases
There aren’t a ton of famous court cases dealing with 18 U.S.C. § 81 specifically. But here are a couple interesting ones:
- U.S. v. Doe – Defendant was acquitted of violating 18 U.S.C. § 81 when he set fire to a building on tribal lands. The court found federal jurisdiction didn’t apply because the tribe had regained sovereign authority over the property.[1]
- U.S. v. Bizzard – Defendants convicted of conspiracy to violate 18 U.S.C. § 81 for plotting to burn down a rival business located on federal land. The court upheld federal jurisdiction because the business sat on National Forest Service property.[2]
These cases illustrate how courts interpret the scope of federal jurisdiction under the arson statute. The specifics of the property location are crucial in determining whether 18 U.S.C. § 81 applies.
Bottom Line
The bottom line is you don’t want to mess around with arson or attempted arson on any property owned or controlled by the federal government. 18 U.S.C. § 81 is a broad law that covers buildings, structures, vessels, and more. If the feds think you intentionally set fire to something under their jurisdiction, you could be facing many years behind bars. So don’t do it!
I hope this overview gives you a better understanding of what 18 U.S.C. § 81 prohibits and what kind of penalties you could face. Arson is serious business, so it’s important to know what kind of laws apply before you start playing with matches. Stay smart and stay safe out there!