The Mens Rea of Arson – What Must Prosecutors Prove? California Penal Code Section 451

Most crimes consist of two components called an actus reus (guilty act) and a mens rea (guilty mind). The crime of arson, which is codified in section 451 of the California Penal Code, states that a person is guilty of arson if he or she “willfully and maliciously” sets fire to or burns or causes to be burned any structure, forest land, or property. (Pen. Code, section 451.) The “willfully and maliciously” language is the mens rea of arson. Thus, in order to be convicted of arson, a prosecutor must show, along with the actus reus, that the defendant committed the act “willfully & maliciously.”

In People v. Atkins (2001) 25 Cal.4th 76, 84, the California Supreme Court held that in order to be convicted of arson it is not required that the defendant specifically intended to burn the relevant structure or forest land. The court held that all that is needed to be convicted of arson is a general criminal intent.

The law regarding the crime of arson is complex. If you or someone you know has been accused of arson, they should immediately contact an experienced Southern California arson criminal defense attorney. Arson is a very serious crime with very serious consequences. It can lead to a lengthy state prison sentence, as well as hefty fines and fees. The attorneys at Wallin & Klarich have been handling serious felony cases for more than 40 years. Call Wallin & Klarich today at (888) 749-0034 for a free evaluation of your case. We will be there when you call.

Email Us