What Are 1st And 2nd Degree Arson?

Arson and Criminal Mischief are crimes of intentional property damage. First-degree arson occurs when a person willfully and unlawfully, or while committing a felony, uses fire or explosives to damage:

• Any dwelling (occupied or not)
• Any structure where people are normally present
• Any other structure that they knew or reasonably knew is occupied

Second-degree arson occurs when a person willfully and unlawfully, or while committing a felony, uses fire or explosives to damage any property not included in first-degree arson.

Criminal Mischief

Criminal Mischief in Florida is the willful and unlawful damage of property. Arson is the willful and unlawful damage of property with fire. A third related crime is Burning to Defraud an Insurer, which involves intentionally burning property to collect an insurance settlement.

Arson Resulting In Injury

To prove Arson Resulting in Injury, the prosecution must show:

• You willfully and unlawfully instigated a fire or explosion, or triggered one while committing a felony
• The fire or explosion damaged:
  • A dwelling (occupied or non-occupied)
  • A structure or contents normally occupied by people
  • A structure you knew or should have known would be occupied
  • A structure owned by yourself under other circumstances

Burning To Defraud An Insurer

To prove this crime, the prosecution must establish that:

• You burned, attempted to burn, or caused burning of insured property
• The property belonged to you
• The property was insured against loss or damage
• You acted willfully with intent to injure or defraud the insurer

Defrauding an insurer can also result in additional charges for arson and filing a false insurance claim. Arson may fall under Florida’s 10-20-Life law.

Elements Of Criminal Mischief

To prove Criminal Mischief, the prosecution must show beyond a reasonable doubt:

• The defendant injured or damaged property (real or personal)
• The property belonged to the alleged victim
• The injury or damage was done willfully and maliciously

"Willfully" means intentionally, knowingly, and purposely. "Maliciously" means wrongfully and intentionally without legal justification, with knowledge that injury or damage may occur.

Offenses Against Computer Users

Florida Statute 815.06(2) prohibits unauthorized access or damage to computers, networks, or electronic devices, including:

• Unauthorized access or disruption of data
• Damaging equipment, systems, or devices
• Introducing contaminants or malware
• Engaging in unauthorized surveillance via a computer or device

First-degree felony charges apply if human life is endangered or medical equipment is affected. Misdemeanor charges apply if equipment is modified without authorization. Exceptions include actions authorized by law, lawful employment duties, or authorized security operations.