Penal Code § 452 PC – Unlawfully Causing a Fire (Reckless Burning)

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

• structure,
• forest land, or
• property.

Examples of Reckless Burning:

• throwing a burning cigarette into a dry bush
• lights a match next to highly flammable materials
• burning your company’s business files immediately next to your neighbor’s home, causing the neighbor’s house to catch fire

The full text of the code section reads as follows:

452. 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.

(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 his 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.

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

Defenses

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

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

Penalties

Basic reckless burning of personal property under PC 452 is a misdemeanor. Though if there are any aggravating factors, it becomes a wobbler offense. This means that it may be prosecuted as either a misdemeanor or a felony.

PC 452 crime	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 $10,0001
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 $10,0002

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. What are the 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 recklessly to set fire to or burn any:

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

You act “recklessly” if:

1. you are aware that your actions could present a substantial and unjustifiable risk of causing a fire,
2. you ignore 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—do not make you guilty of reckless burning.

However, acting with a complete disregard for safety may.

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

You 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

You can only be convicted of a PC 452 charge if you acted “recklessly.” This means showing that your actions were not reckless is always a defense. Perhaps, for example, you started a fire by accident.

2.2. Falsely accused

Unfortunately, it is not at all uncommon to get prosecuted based on false allegations out of

• jealousy,
• revenge, and
• anger.

Thus, it is a valid defense to say that someone falsely accused you 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 you.

If you were 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. What are the 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 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 to maliciously set fire to, or burn, any structure, forest land, or property.¹⁰

You act “maliciously” if you intentionally commit a wrongful act, or when you do 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. You commit this offense when you enter, or remain 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, you can be sentenced to California state prison for between two and four years.

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