LAW 262- LEGAL WRITING II

STATUTE: Criminal Code Section 20-4-102 A Person who knowingly sets fire to, burns, causes to be burned, or by use of any explosive, damages or destroys, or causes to be damaged or destroyed, any property of another without his consent, commits arson. Questions: 1. Break out the elements required by the statute and list them. 2. Scenario A: Tom breaks into a neighbor's barn, sets off twenty sticks of dynamite and blows up the barn. He did this because he thought it would be really cool to see what 20 sticks of dynamite would do. The barn does not catch fire, but it is blown to small bits and completely destroyed. By applying the elements, analyze whether Tom has committed arson? Why or why not? List the reasons. 3. Scenario B: Lois breaks into a house intending to steal cash and jewelry. She lights a match to locate a safe. She deliberately drops the match, and it falls into a trashcan and the house ultimately catches fire. a. By applying the elements of the statute, has Lois committed arson? Why or why not? -List the reasons. b. If she accidentally dropped the match into the trashcan, does this change your analysis? Explain. 4. Dave's Diner is losing money and is about to go out of business. Dave and Steve own the building where the Diner is located. One evening, Dave sets the building on fire in order to collect the insurance on the building. a. By applying the elements of the statute, has Dave committed arson? Why or why not? ---List the reasons. b. What additional crime has he committed?