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The harm element required for arson is burning, charring, or damage to the property specified in the arson statute. Damage could be damage to even a small part, 1 and in the most extreme cases, even smoke damage without burning or charring is sufficient. 2 The Model Penal Code only requires starting a fire or causing an explosion with the appropriate criminal intent, regardless of whether damage to real or personal property ensues (Model Penal Code § 220.1(1)). Some states follow the Model Penal Code approach. 3
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