SB 314, as introduced, Berryhill. Arson.
Existing law provides that a person is guilty of the crime of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels, or procures the burning of, any structure, forest land, or property. The crime of arson is punishable by imprisonment in the state prison, as specified.
This bill would make technical, nonsubstantive changes to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 451 of the Penal Code is amended to
2read:
A person is guilty of arson when he or she willfully and
4maliciously sets fire to or burns or causes to bebegin delete burned orend deletebegin insert burned,
5orend insert who aids, counsels, or procures the burning of, any structure,
6forest land, or property.
7(a) Arson that causes great bodily injury is a felony punishable
8by imprisonment in the state prison for five, seven, or nine years.
9(b) Arson that causes an inhabited structure or inhabited property
10to burn is a felony punishable by imprisonment in the state prison
11for three, five, or eight years.
P2 1(c) Arson of a structure or forest land is a felony punishable by
2
imprisonment in the state prison for two, four, or six years.
3(d) Arson of property is a felony punishable by imprisonment
4in the state prison for 16 months, two, or three years. For purposes
5of this paragraph, arson of property does not include one burning
6or causing to be burned his or her own personal property unless
7there is an intent to defraud or there is injury to another person or
8another person’s structure, forest land, or property.
9(e) begin deleteIn the case of any end deletebegin insertIf a end insertpersonbegin insert isend insert convicted of violating this
10section while confined in a state prison, prison road camp, prison
11forestry camp, or other prison camp or prison farm, or while
12confined in a county jail
while serving a term of imprisonment for
13a felony or misdemeanor conviction, any sentence imposed shall
14be consecutive to the sentence for which the person was then
15confined.
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