California Penal Code 451.5 v2 – (a) A person who willfully, maliciously, deliberately, with …
(a) A person who willfully, maliciously, deliberately, with premeditation, and with intent to cause injury to one or more persons, or to cause damage to property under circumstances likely to produce injury to one or more persons, or to cause damage to one or more structures or inhabited dwellings, sets fire to, burns, or causes to be burned, or aids, counsels, or procures the burning of any residence, structure, forest land, or property, is guilty of aggravated arson if either of the following aggravating factors exists:
(1) The defendant has been previously convicted of arson on one or more occasions within the past 10 years.
Terms Used In California Penal Code 451.5 v2
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- maliciously: import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law. See California Penal Code 7
- person: includes a corporation as well as a natural person. See California Penal Code 7
- property: includes both real and personal property. See California Penal Code 7
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
- willfully: when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. See California Penal Code 7
(2) The fire caused damage to, or the destruction of, five or more inhabited dwellings.
(b) A person who is convicted under subdivision (a) shall be punished by imprisonment in the state prison for 10 years to life.
(c) A person who is sentenced under subdivision (b) shall not be eligible for release on parole until 10 calendar years have elapsed.
(d) This section shall become operative on January 1, 2029.
(Amended (as amended by Stats. 2018, Ch. 619, Sec. 2) by Stats. 2023, Ch. 706, Sec. 2. (SB 281) Effective January 1, 2024. Section operative January 1, 2029, by its own provisions.)