NIBRS Tip: Arson versus Reckless Burning

NIBRS Tip: Arson versus Reckless Burning

Arson vs. Reckless Burning

In Georgia and TN:

Arson involves the intentional and malicious setting of fire, while reckless burning involves starting a fire with a reckless disregard for the consequences.

The FBI definition for Arson includes the offender’s intention and the lawfulness of the act: To unlawfully and intentionally damage or attempt to damage any real or personal property by fire or incendiary device,

If the offender knowingly and maliciously causes a fire or explosion, it would be Arson (NIBRS Offense Code 200).
If the offender recklessly damages property with a lawful fire or explosion that becomes out of control, it would be Reckless Burning (Arrest-Only NIBRS Offense “All Other Offense” Code 90Z).

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