Penal Code 452 PC – Reckless Burning

Penal Code 452 PC is the California statute that makes it a crime for a person to recklessly set fire to or burn any:

• structure,
• forest land, or
• property.

In particular, the statute states:

“A person is guilty of unlawfully causing a fire when he recklessly sets fire to or burns or causes to be burned, any structure, forest land or property.”

Note that PC 452 is one of two California arson laws. The other is Penal Code 451, malicious arson.

Examples of illegal acts under this statute are:

• while camping, Miquel throws a burning cigarette into a dry bush.
• Kelly lights a match next to highly flammable materials, thereby creating an explosion and fire.
• Devon burns his company’s business files immediately next to his neighbor’s home, which ultimately causes the neighbor’s house to catch on fire.

Defenses

Luckily, there are several legal defenses that a defendant can raise if accused under PC 452. These include showing that the defendant:

• did not act “recklessly,”,
• was falsely accused, and/or
• was arrested without probable cause.

Penalties

Basic reckless burning of personal property under PC 452 is a misdemeanor. The potential penalties are:

• imprisonment in a county jail for up to six months, and/or
• a fine of up to $1,000.

But if reckless burning results in a burned structure or forestland, or if it causes great bodily injury, then the crime becomes a wobbler offense. This means that it may be prosecuted as either a misdemeanor or a felony.

The potential sentences when reckless arson is a wobbler are:

• for reckless burning of a structure or forest land, up to six months in county jail (misdemeanor sentence), or sixteen months, two years or three years in state prison (felony sentence);¹
• for reckless burning of an inhabited structure or inhabited property, up to one year in county jail (misdemeanor sentence), or two, three or four years in state prison (felony sentence);² and
• for reckless burning that causes great bodily injury, up to one year in county jail (misdemeanor sentence), or two, four or six years in state prison (felony sentence).

Our California criminal defense attorneys will highlight the following in this article:

• 1. How does California law define “reckless burning”?
• 2. Are there legal defenses to Penal Code 452 PC?
  • 2.1. Not reckless
  • 2.2. Falsely accused
  • 2.3. No probable cause
• 3. Penalties, punishment, and sentencing
• 4. Related laws
  • 4.1. Malicious arson – PC 451
  • 4.2. Trespass – PC 602
  • 4.3. Burglary

1. How does California law define “reckless burning”?

Penal Code 452 PC is the California statute that makes it a crime for a person to recklessly set fire to or burn any:

• structure,
• forest land, or
• property.³

A person acts “recklessly” if:

1. he is aware that his actions could present a substantial and unjustifiable risk of causing a fire,
2. he ignores that risk, and
3. doing so is a gross deviation from how a reasonable person would act in the same situation.⁴

“Reckless” is actually a high standard and is not synonymous with carelessness or negligence. True “accidents”—such as forgetting to turn off the stove—don’t make a person guilty of reckless burning.

However, acting with a complete disregard for safety may.

2. Are there legal defenses to Penal Code 452 PC?

A person can try to challenge a PC 452 accusation by raising a legal defense. A good defense may work to reduce or even dismiss a charge.

Three common defenses to Penal Code 452 charges include:

1. not reckless
2. falsely accused, and/or
3. no probable cause.

2.1. Not reckless

Please recall that a defendant can only be convicted of a PC 452 charge if he acted “recklessly.” This means it is always a defense for an accused to show that his actions were not reckless. Perhaps, for example, he started a fire by accident.

2.2. Falsely accused

Unfortunately, it is not at all uncommon for people to get prosecuted based on false allegations. People get falsely accused out of

• jealousy,
• revenge, and
• anger.

Thus, it is a valid defense for a defendant to say that a party falsely accused him of violating Penal Code 452.

2.3. No probable cause

The Fourth Amendment to the U.S. Constitution says that police must have probable cause before they can detain or arrest a suspect of a crime.

If a person was stopped or arrested for violating PC 452, and there was no probable cause, then any evidence obtained following the improper stop/arrest could get excluded from the case. This exclusion could result in the dismissal or reduction in charges.

3. Penalties, punishment, and sentencing

Basic reckless burning of personal property under PC 452 is a misdemeanor.⁵ The potential penalties are:

• imprisonment in a county jail for up to six months, and/or
• a fine of up to $1,000.⁶

If reckless burning results in a burned structure or forestland, or if it causes great bodily injury, then the crime becomes a wobbler offense. This means that it may be prosecuted as either a misdemeanor or felony.

The potential sentences when reckless arson is a wobbler are:

• for reckless burning of a structure or forest land, up to six months in county jail (misdemeanor sentence), or sixteen months, two years or three years in state prison (felony sentence);⁷
• for reckless burning of an inhabited structure or inhabited property, up to one year in county jail (misdemeanor sentence), or two, three or four years in state prison (felony sentence);⁸ and
• for reckless burning that causes great bodily injury, up to one year in county jail (misdemeanor sentence), or two, four or six years in state prison (felony sentence).⁹

4. Related offenses

There are three laws related to reckless burning. These are:

1. malicious arson – PC 451,
2. trespass – PC 602, and
3. bribery.

4.1. Malicious arson – PC 451

Penal Code 451 is the California statute that makes it a crime for a person to maliciously set fire to, or burn, any structure, forest land, or property.¹⁰

A person acts “maliciously” if he intentionally commits a wrongful act, or when he does something with the unlawful intent to:

• defraud,
• annoy, or
• injure

someone else.¹¹

PC 451 violations are always charged as felonies in California. The crime is punishable by:

• imprisonment in the California state prison for up to nine years, and/or
• a fine of up to $10,000.¹²

4.2. Trespass – PC 602

Penal Code 602 is the California statute that defines the crime of criminal trespass. A person commits the offense when he enters, or remains on, someone else’s property without permission or a right to do so.¹³

In most cases, California trespass is a misdemeanor. This means it can lead to penalties of:

• up to six months in county jail, and/or
• a fine of up to $1,000.¹⁴

4.3. Bribery

Bribery is a crime in California. The offense is defined as an effort to corruptly influence, by way of money or gift, a public official in the course of that official’s work.

California has several bribery laws, including:

• bribery involving executive and ministerial officers and public employees – PC 67 and 68,
• bribery involving California legislative officers – PC 85 and 86, and
• bribery involving supervisors and public corporations – PC 165.

Except in certain situations, bribery is a felony. If convicted, a defendant can be sentenced to California state prison for between two and four years.

For additional help…

If you or someone you know has been accused of a crime, per Penal Code 452, we invite you to contact us for a free consultation. We can be reached 24/7.

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