California Penal Code § 452 PC makes it a crime to recklessly set fire to or burn any structure, forest land, or property. Examples of reckless burning include:
- throwing a burning cigarette into a dry bush,
- lighting a match next to highly flammable materials that then go up in flames, or
- burning your trash immediately next to your neighbor’s home, causing the neighbor’s house to catch fire.
Reckless burning is typically a misdemeanor. Though if there are any aggravating factors (such as causing serious injuries), violating 452 PC becomes a wobbler: This means it may be prosecuted as either a misdemeanor or a felony.
Note that 452 PC is one of two California arson laws: The other is malicious arson under 451 PC.
In this article, our California criminal defense attorneys explain what you need to know about reckless burning laws:
1. Elements of 452 PC
For you to be convicted of reckless burning under Penal Code 452 PC, prosecutors must prove beyond a reasonable doubt the following two elements of California Criminal Jury Instructions (“CALCRIM”) 1532:
- You set fire to or caused the burning of a structure, forest land, or other property, and
- You did so recklessly.
“Recklessness” is more blameworthy than mere carelessness or negligence. You act “recklessly” if:
- you are aware that your actions could present a substantial and unjustifiable risk of causing a fire, and
- you ignore that risk, and
- doing so is a gross deviation from how a reasonable person would act in the same situation.1
True “accidents” – such as forgetting to turn off the stove – do not make you guilty of reckless burning; however, acting with a complete disregard of safety may.
Reckless burning can be a misdemeanor or a felony depending on the case.
2. Defenses
Here at Shouse Law Group, we have represented literally thousands of people charged with property crimes, including reckless burning. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting 452 PC charges reduced or dismissed.
1) You Were Not Being Reckless
Many fires are started by accident. We have also seen cases where defendants did everything correctly to safely extinguish a fire, but a stray ember later ignited a blaze.
Either way, we would compile all the available evidence to show that your actions did not rise to the level of recklessness. Examples include eyewitness accounts, video surveillance footage, and even expert testimony by pyrotechnicians.
If there is any reasonable doubt about your guilt, the 452 PC charges should be dismissed.
2) You Were Falsely Accused
It is common for the real culprits behind starting a fire to blame someone else. In these cases, we would subpoena the accusers’ GPS data, text messages, and voicemails in an attempt to place them at the crime scene and show their motivation to lie.
Your case should be dropped once we show prosecutors they are charging the wrong person.
3) The Police Had No Probable Cause
The Fourth Amendment to the U.S. Constitution says that police must have probable cause that you committed reckless burning before they can arrest you for it. Unfortunately, we have seen many law enforcement officers “jump the gun” and take suspects into custody without sufficient evidence.
If we can show the police in your case had no probable cause, then any evidence obtained following your false arrest could get excluded from the case. This exclusion could force the D.A. to drop your case for lack of proof.
Reckless burning carries fines and/or jail.
3. Penalties
As the following table shows, the punishment for reckless burning in California turns on the facts of the case. Note that it may be possible to get probation in lieu of incarceration.
| 452 PC Crime | California Punishments |
| Reckless burning with no aggravating factors | Misdemeanor: Up to 6 months in county jail and/or $1,000 |
| Reckless burning of a structure or forest land | Misdemeanor: Up to 6 months in county jail and/or $1,000
or Felony: 16 months, 2 years, or 3 years in state prison and/or up to $10,000 |
| Reckless burning of an inhabited structure or inhabited property | Misdemeanor: Up to 1 year in county jail and/or $1,000
or Felony: 2, 3, or 4 years in state prison and/or up to $10,000 |
| Reckless burning causing great bodily injury | Misdemeanor: Up to 1 year in county jail and/or $1,000
or Felony: 2, 4, or 6 years in state prison and/or up to $10,000 |
As of 2025, courts will consider it an “aggravating factor” during sentencing if the burning was carried out within a merchant’s premises to commit organized retail theft.2
4. Related Crimes
- Malicious arson – 451 PC
- Trespass – 602 PC
- Bribery, including:
Penal Code 452 PC makes it a crime to recklessly set fire.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- The Evolution of Fire Investigation and its Impact on Arson Cases – Criminal Justice.
- The Metamorphosis of the Law of Arson – Missouri Law Review.
- Assessment, Treatment and Sentencing of Arson Offenders: An Overview – Psychiatry, Psychology, and Law.
- Legal Aspects of Arson – Journal of Criminal Law, Criminology & Police Science.
- The Crime of Arson – Journal of Criminal Law & Criminology.
Legal References:
- California Penal Code 452 PC.
A person is guilty of unlawfully causing a fire when they recklessly set fire to, burn, or cause to be burned any structure, forest land, or property.
(a) Unlawfully causing a fire that causes great bodily injury is a felony punishable by imprisonment in the state prison for two, four, or six years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine.
(b) Unlawfully causing a fire that causes an inhabited structure or inhabited property to burn is a felony punishable by imprisonment in the state prison for two, three, or four years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine.
(c) Unlawfully causing a fire of a structure or forest land is a felony punishable by imprisonment in the state prison for 16 months, two or three years, or by imprisonment in the county jail for not more than six months, or by a fine, or by both such imprisonment and fine.
(d) Unlawfully causing a fire of property is a misdemeanor. For purposes of this paragraph, unlawfully causing a fire of property does not include one burning or causing to be burned their own personal property unless there is injury to another person or to another person’s structure, forest land, or property.
(e) In the case of any person convicted of violating this section while confined in a state prison, prison road camp, prison forestry camp, or other prison camp or prison farm, or while confined in a county jail while serving a term of imprisonment for a felony or misdemeanor conviction, any sentence imposed shall be consecutive to the sentence for which the person was then confined.
(f) For purposes of sentencing for a violation of this section, the fact that the offense was carried out within a merchant’s premises in order to facilitate organized retail theft, as defined in Section 490.4, shall be a factor in aggravation.
See, for example, People v. Pacheco (Cal.App. 2022) 75 Cal. App. 5th 207; People v. Corrales (Cal.App. 2020) 46 Cal. App. 5th 283; People v. Haggerty (1873) 46 Cal. 354; People v. Hooper (Cal.App. 1986) 181 Cal.App.3d 1174; People v. Schwartz (Cal.App. 1992) 2 Cal.App.4th 1319; People v. Barton (1995) 12 Cal.4th 186; People v. Sarkis (1990) 222 Cal.App.3d 23. Judicial Council of California Criminal Jury Instructions (2024 edition) CALCRIM 1532 – Unlawfully causing a fire [Reckless arson/reckless burning].To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant set fire to[,] [or] burned[,] [or caused the burning of] (a structure/forest land/property);
AND
2. The defendant did so recklessly. - California Penal Code 452 PC. California Penal Code 19 PC. See also In re Jesse L. (1990) 221 Cal.App.3d 161; People v. Quinonez (2020) 46 Cal.App.5th 457; People v. Medellin (2020) 45 Cal.App.5th 519. SB 1242 (2024).