Federal Crime Statutes
18 U.S. Code Part I
Chapter 5 — Arson
Arson is typically prosecuted at the state level, but it becomes a federal offense when:
- The property involved is under federal jurisdiction
- The arson affects interstate or foreign commerce
- It occurs on U.S. government property or within a U.S. enclave
This allows federal law enforcement (such as the FBI or ATF) to investigate and prosecute high-stakes arson cases with national or interjurisdictional implications. This is precisely why you need a skilled federal criminal defense lawyer on your side immediately.
§ 81 — Arson within special maritime and territorial jurisdiction
Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously sets fire to or burns any building, structure or vessel, any machinery or building materials or supplies, military or naval stores, munitions of war, or any structural aids or appliances for navigation or shipping, or attempts or conspires to do such an act, shall be imprisoned for not more than 25 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed, or both.
If the building be a dwelling or if the life of any person be placed in jeopardy, he shall be fined under this title or imprisoned for any term of years or for life, or both.
Key Provisions of § 81:
- Intent Requirement: The act must be willful and malicious, meaning it is done deliberately and with wrongful intent.
- Penalties:
- If no personal injury results: Up to 25 years imprisonment, a fine, or both.
- If personal injury results: Up to 40 years imprisonment, a fine, or both.
- If the act results in death: The perpetrator may face any term of years or life imprisonment, or even the death penalty.
Attempted arson is punishable in the same way as a completed act under this statute.
