Chapter 13 Arson

• Library: SC Crimes: Elements and Defenses (SCBar) (2021 Ed.)

Chapter 13 Arson

A. Introduction

1. Common Law vs. Statutory Arson

Arson is the willful and malicious burning or explosion of a building, structure, or dwelling. S.C. Code Ann. § 16-11-110. At common law, arson could only be committed by the burning of the house of another. State v. Perry, 54 S.E. 764, 765 (S.C. 1906); see also 3 WHARTON'S CRIMINAL LAW § 339 (15^th ed. 2020). The statutory definition provides for arson of the defendant's own property. S.C. Code Ann. § 16-11-110. In addition, the statutory definition of arson includes the burning of a business, dwelling, and a variety of other structures and property. S.C. Code Ann. § 16-11-110. Both the common law and statutory definitions of arson remain in effect. See McAninch, Fairey, and Coggiola, THE CRIMINAL LAW OF SOUTH CAROLINA, 365 (6^th ed. 2013) (hereafter, McAninch, Fairey, and Coggiola (2013)).

The corpus delicti of arson involves two elements: the burning of a structure and that the burning was the result of a criminal act. State v. Williams, 468 S.E.2d 656, 658 (S. C. 1996) (quoting State v. Blocker, 31 S.E.2d 908, 909 (S.C. 1944)). In other words, arson consists of the burning of a building or other property and some willful act that caused the burning rather than an accident or a natural cause. Id. The South Carolina statute divides the crime of arson into degrees. S.C. Code Ann. § 16-11-110. See generally, 3 S.C. Jur. Arson § 3 (2021) for an excellent and...