Federal Arson Definition and Penalties

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Arson is maliciously damaging or destroying property by fire.

Under federal law, 18 U.S.C. § 844(i) makes it a crime to maliciously damage or destroy, or to attempt to damage or destroy, by fire or an explosive, any property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce. A separate provision, 18 U.S.C. § 844(f), covers the same kind of fire or explosive when the property belongs to the United States, or to an institution or organization that receives federal financial assistance. Federal arson under these subsections is a felony. This page covers the federal statute only.

If you, or someone you are helping, has been charged with federal arson, or federal agents are asking questions about a fire, the sections below explain when a fire becomes a federal case and what the penalties are. A conviction under § 844(i) carries a minimum prison term even when no one is hurt. Criminal Center defends people charged with arson in federal court.

What is federal arson?

Most arson cases are handled in state court. A fire becomes a federal case when it hits property that has a federal connection.

How does federal law define arson?

The main federal arson law is 18 U.S.C. § 844(i). It makes it a crime to maliciously damage or destroy, "by means of fire or an explosive, any . . . property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce." "Maliciously" means on purpose, or with reckless disregard for the risk.

A separate part of the law, 18 U.S.C. § 844(f), covers fires and explosions that damage federal government property or property of an organization that receives federal money.

Can a fire at a private home be charged as federal arson?

Usually not. Section 844(i) applies to the malicious burning or bombing of buildings used in commerce, such as businesses and rental property. It does not cover private homes that are not used in commerce. The reason is that Congress passed the federal arson law under its power to regulate interstate commerce, which comes from the Commerce Clause of the Constitution (Art. I, § 8, cl. 3).

The Supreme Court drew this line in Jones v. United States, 529 U.S. 848 (2000). A unanimous Court held that § 844(i) covers only property currently used in commerce or in an activity affecting commerce. An owner-occupied private home that is not used for any commercial purpose is not covered. That kind of fire is left to state prosecutors.

Can you be charged if no fire was ever set?

Yes. You do not have to actually burn or blow up a building to be charged. Under 18 U.S.C. § 844(d), moving or receiving explosives across state lines, knowing or intending that they will be used to kill, injure, or scare someone, or to damage or destroy a building or other property, is a federal crime. It carries up to 10 years in federal prison, and more if someone is hurt or killed.

A conspiracy, meaning an agreement with someone else to commit one of these crimes, is also a federal crime. Under 18 U.S.C. § 844(n), a conspiracy carries the same penalties as the crime itself, except the death penalty.

Because the penalties are severe and the definition is broad, talk to a lawyer who handles federal arson cases as soon as you learn of an investigation or indictment, ideally while the case is still being investigated. An early start gives your lawyer time to look into every possible defense.

What are the penalties for federal arson?

Federal arson under § 844(i) is a felony, because the prison term is more than one year (18 U.S.C. § 3559(a)). The range depends on whether anyone was hurt:

Property damage only: at least 5 years and up to 20 years in federal prison.
Someone is injured, including a firefighter or other public safety officer responding to the scene: at least 7 years and up to 40 years.
Someone dies, including a responding public safety officer: any term of years up to life in prison, or the death penalty.

Section 844(f) uses the same ranges for federal property and for property of an organization receiving federal financial assistance. There, personal injury or a substantial risk of injury is the 7-to-40-year tier, and a death case starts at 20 years.

You can face these higher penalties even if you never meant for anyone to get hurt. They apply if someone is injured in the fire or explosion, or while responding to it. Any of these sentences can also include large fines.

Criminal Center's guide to federal arson chargesIt covers § 844(i), § 844(f), § 844(h) and § 81, with the penalties and the arson sentencing guideline, USSG §2K1.4.

What does § 844(h) add?

Section 844(h) is a separate crime. It applies when someone uses fire or an explosive to commit any other felony that may be prosecuted in federal court, or carries an explosive during such a felony. The added sentence is 10 years, or 20 years after a later conviction under the same subsection. It is imposed on top of the other felony, and it cannot run at the same time as that other sentence (18 U.S.C. § 844(h)).

How is a federal arson case defended?

Whether the property really had the commerce connection the law requires, especially for homes after Jones.
Whether the fire was set on purpose, or was an accident or electrical failure.
Whether the evidence about where and how the fire started, and the fire investigators' opinions, hold up.
Whether the government can tie the fire to you, and not just show you were nearby or had a motive.

If you learn you are under investigation, talk to a lawyer before you talk to federal agents or your insurance company. Criminal Center can help you and your family through the pretrial, trial, and sentencing stages of a federal arson case.

What should you do next?

Book a consultation and tell us what happened.

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Common questions

What is the definition of arson?

Arson is maliciously damaging or destroying property by fire. Under federal law, 18 U.S.C. § 844(i) covers that conduct when the property is used in interstate or foreign commerce or in an activity affecting commerce, and § 844(f) covers it when the property belongs to the United States or to an organization receiving federal financial assistance. An owner-occupied private home that is not used for any commercial purpose is not covered by § 844(i) (Jones v. United States, 529 U.S. 848 (2000)).

Is arson a felony?

Yes, when it is charged under 18 U.S.C. § 844(i). That subsection starts at five years in prison and goes up to 20 years if only property is damaged, 7 to 40 years if someone is injured, and any term of years, life, or death if someone dies. A federal offense punishable by more than one year is a felony (18 U.S.C. § 3559(a)).

Is arson a federal crime?

It can be. A fire is a federal case under 18 U.S.C. § 844(i) only if the property is used in interstate or foreign commerce or in an activity affecting commerce, or under § 844(f) if the property is federal property or belongs to an organization receiving federal financial assistance. An owner-occupied private home not used for any commercial purpose is not covered by § 844(i) (Jones v. United States, 529 U.S. 848 (2000)).

What is the sentence for federal arson?

Under 18 U.S.C. § 844(i), the range is 5 to 20 years if only property is damaged, 7 to 40 years if someone is injured, including a public safety officer responding to the fire, and any term of years, life, or death if someone dies. Section 844(f) uses those ranges for federal property, except a death case there starts at 20 years. Using fire to commit another federal felony adds a separate 10-year sentence under § 844(h) that cannot run at the same time.