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The criminal act element required for arson is typically setting fire to or burning real or personal property specified in the arson statute. 1 This could include buildings, structures, land, and vehicles. 2 Some states define the criminal act element as “damaging” the specified property by fire or explosives. 3 The Model Penal Code describes the criminal act element as starting a fire or causing an explosion (Model Penal Code § 220.1(1). The type or value of the property the defendant burns or damages can enhance grading. Grading is discussed shortly.
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