Article 126 — Arson; burning property with intent to defraud

Part IV · Punitive Articles

Article 126. Arson; burning property with intent to defraud · MCM ¶ 75

2024 Manual for Courts-Martial, United States

(a) Text of statute.

(a) AGGRAVATED ARSON.—Any person subject to this chapter who, willfully and maliciously, burns or sets on fire an inhabited dwelling, or any other structure, movable or immovable, wherein, to the knowledge of that person, there is at the time a human being, is guilty of aggravated arson and shall be punished as a court-martial may direct.

(b) SIMPLE ARSON.—Any person subject to this chapter who, willfully and maliciously, burns or sets fire to the property of another is guilty of simple arson and shall be punished as a court-martial may direct.

(c) BURNING PROPERTY WITH INTENT TO DEFRAUD.—Any person subject to this chapter who, willfully, maliciously, and with intent to defraud, burns or sets fire to any property shall be punished as a court-martial may direct.

(b) Elements.

(1) Aggravated arson.

(a) Inhabited dwelling.

(i) That the accused burned or set on fire an inhabited dwelling; and

(ii) That the act was willful and malicious.

(b) Structure.

(i) That the accused burned or set on fire a certain structure;

(ii) That the act was willful and malicious;

(iii) That there was a human being in the structure at the time; and

(iv) That the accused knew that there was a human being in the structure at the time.

(2) Simple arson.

(a) That the accused burned or set fire to certain property of another; and

(b) That the act was willful and malicious.

Practice Note

[Note: if the property is of a value of more than $1,000, add the following element:]

(3) Burning with the intent to defraud.

(a) That the accused burned or set fire to certain property; and

(b) That the act was willful and malicious; and

(1) In general. In aggravated arson, danger to human life is the essential element; in simple arson, it is injury to the property of another. In either case, it is immaterial that no one is, in fact, injured. It must be shown that the accused set the fire willfully and maliciously, that is, not merely by negligence or accident. In burning with intent to defraud, it is the fraudulent intent motivating the burning of any property that is the essential element. It is immaterial to whom the property belonged; the focus is that the burning of that property was for a fraudulent purpose (e.g., the intent to file a false insurance claim for the property burned by the accused).

(2) Aggravated arson.

(a) Inhabited dwelling. “An inhabited dwelling” means the structure must be used for habitation, not that a human being must be present therein at the time the dwelling is burned or set on fire. It includes the outbuildings that form part of the cluster of buildings used as a residence. A shop or store is not an inhabited dwelling unless occupied as such, nor is a house that has never been occupied or that has been temporarily abandoned. A person may be guilty of aggravated arson of the person’s dwelling, whether as owner or tenant.

(b) Structure. Aggravated arson may also be committed by burning or setting on fire any other structure, movable or immovable, such as a theater, church, boat, trailer, tent, auditorium, or any other sort of shelter or edifice, whether public or private, when the offender knows that there is a human being inside at the time. It may be that the offender had this knowledge when the nature of the structure—as a department store or theater during hours of business, or other circumstances—are shown to have been such that a reasonable person would have known that a human being was inside at the time.

(c) Damage to property. It is not necessary that the dwelling or structure be consumed or materially injured; it is enough if fire is actually communicated to any part thereof. Any actual burning or charring is sufficient, but a mere scorching or discoloration by heat is not.

(d) Value and ownership of property. For the offense of aggravated arson, the value and ownership of the dwelling or other structure are immaterial, but may be alleged and proved to permit the finding in an appropriate case of the included offense of simple arson.

(3) Simple arson. Simple arson is the willful and malicious burning or setting fire to the property of another under circumstances not amounting to aggravated arson. The offense includes burning or setting fire to real or personal property of someone other than the offender. See subparagraph 75.c.(1) for discussion of willful and malicious.

(4) Burning with the intent to defraud. See subparagraph 70.c.(14) for a discussion of intent to defraud.

(d) Maximum punishment.

(1) Aggravated arson. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 25 years.

(2) Simple arson —

(a) Where the property is of some value. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

(b) Where the property is of a value of more than $1,000. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.

(3) Burning with intent to defraud. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.

(e) Sample specifications.

(1) Aggravated arson.

(a) Inhabited dwelling. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, willfully and maliciously (burn) (set on fire) an inhabited dwelling, to wit: (a house) (an apartment) (__________).

(b) Structure. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, willfully and maliciously (burn) (set on fire), knowing that a human being was therein at the time, (the Post Theater) (__________).

(2) Simple arson. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, willfully and maliciously (burn) (set fire to) (an automobile) (__________), (of some value) (of a value of more than $1,000), the property of another.

(3) Burning with intent to defraud. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, willfully and maliciously (burn) (set fire to) (a dwelling) (a barn) (an automobile) (_________), with intent to defraud (the insurer thereof, to wit: ________) (________).

Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

NOTE. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.

Maximum punishment

DD, TF, 25 years, E-1. (Category 3)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, willfully and maliciously (burn) (set on fire) an inhabited dwelling, to wit: (a house) (an apartment) (__________).

Elements

(1) That (state the time and place alleged), the accused (burned) (set on fire) an inhabited dwelling, that is: (state the inhabited dwelling alleged); and

(2) That the act was willful and malicious.

Definitions & other instructions

An act is done “willfully” if done intentionally or on purpose.

An act is done “maliciously” if done deliberately for some mischievous purpose and without legal justification or excuse. The malice required for this offense does not have to amount to ill will or hostility. It is sufficient if a person deliberately and without legal justification or excuse burns or sets fire to the inhabited dwelling.

There is no requirement that the accused specifically intend to set fire to or burn the dwelling alleged in the specification. To satisfy the elements of this offense, the accused need only willfully and maliciously start the fire that resulted in the burning or charring of the dwelling alleged.

“Inhabited dwelling” means the structure must be used for habitation, not that a human being must be present therein at the time the dwelling is burned or set on fire. It includes the outbuildings that form part of the cluster of buildings used as a residence. (A shop or store is not an inhabited dwelling unless occupied as such, nor is a house that has never been occupied or which has been temporarily abandoned.)

(A person may be found guilty of burning their own dwelling, whether they are an owner or tenant of said dwelling).

(Proof that the dwelling was consumed or materially injured is not required to establish the offense. It is sufficient if any part of the dwelling is burned or charred.) (A mere scorching or discoloration caused by heat is not sufficient.)

References

US v. Acevedo-Velez, 17 MJ 1 (CMA 1983); US v. Caldwell, 17 MJ 8 (CMA 1983); US v. DeSha, 23 MJ 66 (CMA 1986); US v. Banta, 26 MJ 109 (CMA 1988); US v. Crutcher, 49 MJ 236 (CAAF 1998).

Source: Instruction 3a-75-1 · view original on jagcnet.army.mil

Maximum punishment

DD, TF, 25 years, E-1. (Category 3)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, willfully and maliciously (burn) (set on fire), knowing that a human being was therein at the time, (the Post Theater) (__________).

Elements

(1) That (state the time and place alleged), the accused (burned) (set on fire) a certain structure, that is: (state the structure alleged);

(2) That the act was willful and malicious;

(3) That there was a human being in the structure at the time; and

(4) That the accused knew that there was a human being other than the accused (or (his) (her) confederates) in the structure at the time.

Definitions & other instructions

An act is done “willfully” if done intentionally or on purpose.

A “structure” is any structure, other than an “inhabited dwelling,” movable or immovable, such as a theater, house of worship, boat, trailer, tent, auditorium, or any other sort of shelter or building, whether public or private.

(Knowledge that a human being is inside the structure may be proved by circumstantial evidence. For example, evidence that a store or theatre was set on fire during hours of business may be circumstantial evidence from which you may infer that the person who set the fire knew a human being was inside the structure. The drawing of this inference is not required.)

There is no requirement that the accused specifically intend to set fire to or burn the structure alleged in the specification. To satisfy the first and second elements of this offense, the accused need only willfully and maliciously start the fire that resulted in the burning or charring of the structure alleged.

(Proof that the structure was destroyed or seriously damaged is not required to establish the offense. It is sufficient if any part of the structure is burned or charred. A mere scorching or discoloration caused by heat is not sufficient.)

NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable.

References

US v. Acevedo-Velez, 17 MJ 1 (CMA 1983); US v. Caldwell, 17 MJ 8 (CMA 1983); US v. DeSha, 23 MJ 66 (CMA 1986); US v. Banta, 26 MJ 109 (CMA 1988); US v. Crutcher, 49 MJ 236 (CAAF 1998).

Source: Instruction 3a-75-2 · view original on jagcnet.army.mil

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.

Maximum punishment

(1) $1000 or less: DD, TF, 5 years, E-1. (Category 1)

(2) Over $1000: DD, TF, 10 years, E-1. (Category 2)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, willfully and maliciously (burn) (set fire to) (an automobile) (__________), (of some value) (of a value of more than $1000) the property of another.

Elements

(1) That (state the time and place alleged), the accused (burned) (set fire to) certain property, that is: (state the property alleged), the property of another; (and)

(2) That the act was willful and malicious; [and]

[(3)] That the property was of a value of more than $1000.

Definitions & other instructions

An act is done “willfully” if done intentionally or on purpose.

“Property” means real or personal property of someone other than the accused.

There is no requirement that the accused specifically intend to set fire to or burn the property alleged in the specification. To satisfy the first and second elements of this offense, the accused need only willfully and maliciously start the fire that resulted in the burning or charring of the property of another alleged.

(Proof that the property was destroyed or seriously damaged is not required to establish the offense. It is sufficient if any part of the property is burned or charred. A mere scorching or discoloration caused by heat is not sufficient.)

References

US v. Acevedo-Velez, 17 MJ 1 (CMA 1983); US v. Caldwell, 17 MJ 8 (CMA 1983); US v. DeSha, 23 MJ 66 (CMA 1986); US v. Banta, 26 MJ 109 (CMA 1988); US v. Crutcher, 49 MJ 236 (CAAF 1998).

Source: Instruction 3a-75-3 · view original on jagcnet.army.mil

Maximum punishment

DD, TF, 10 years, E-1. (Category 2)

Sample specification

In that __________(personal jurisdiction data), did (at/on board—location), on or about __________, willfully and maliciously (burn) (set fire to) (a dwelling) (a barn) (an automobile) (________), with intent to defraud (the insurer thereof, to wit: __________) (__________).

Elements

(1) That (state the time and place alleged), the accused (burned) (set fire to) certain property, that is: (state the property alleged);

(2) That the act was willful and malicious; and

(3) That such (burning) (setting on fire) was with the intent to defraud (state the name of the person or organization alleged).

Definitions & other instructions

An act is done “willfully” if it is done intentionally or on purpose.

“Maliciously” means deliberately and without justification or excuse. The malice required for the offense does not have to amount to ill will or hostility. It is sufficient if a person deliberately and without justification or excuse burns or sets fire to property with intent to defraud another.

“Intent to defraud” means an intent to obtain an article or thing of value through a misrepresentation and to apply it to one’s own use and benefit or to the use and benefit of another, either temporarily or permanently.

NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable.

Source: Instruction 3a-75-4 · view original on jagcnet.army.mil