2005 California Penal Code Sections 450-457.1 CHAPTER 1. ARSON

PENAL CODE
SECTION 450-457.1

450.  In this chapter, the following terms have the following
meanings:
   (a) "Structure" means any building, or commercial or public tent,
bridge, tunnel, or powerplant.
   (b) "Forest land" means any brush covered land, cut-over land,
forest, grasslands, or woods.
   (c) "Property" means real property or personal property, other
than a structure or forest land.
   (d) "Inhabited" means currently being used for dwelling purposes
whether occupied or not.  "Inhabited structure" and "inhabited
property" do not include the real property on which an inhabited
structure or an inhabited property is located.
   (e) "Maliciously" imports a wish to vex, defraud, annoy, or injure
another person, or an intent to do a wrongful act, established
either by proof or presumption of law.
   (f) "Recklessly" means a person is aware of and consciously
disregards a substantial and unjustifiable risk that his or her act
will set fire to, burn, or cause to burn a structure, forest land, or
property.  The risk shall be of such nature and degree that
disregard thereof constitutes a gross deviation from the standard of
conduct that a reasonable person would observe in the situation.  A
person who creates such a risk but is unaware thereof solely by
reason of voluntary intoxication also acts recklessly with respect
thereto.
451.  A person is guilty of arson when he or she willfully and
maliciously sets fire to or burns or causes to be burned or who aids,
counsels, or procures the burning of, any structure, forest land, or
property.
   (a) Arson that causes great bodily injury is a felony punishable
by imprisonment in the state prison for five, seven, or nine years.
   (b) Arson that causes an inhabited structure or inhabited property
to burn is a felony punishable by imprisonment in the state prison
for three, five, or eight years.
   (c) Arson of a structure or forest land is a felony punishable by
imprisonment in the state prison for two, four, or six years.
   (d) Arson of property is a felony punishable by imprisonment in
the state prison for 16 months, two, or three years.  For purposes of
this paragraph, arson of property does not include one burning or
causing to be burned his or her own personal property unless there is
an intent to defraud or there is injury to another person or another
person's structure, forest land, or property.
   (e) In the case of any person convicted of violating this section
while confined in a state prison, prison road camp, prison forestry
camp, or other prison camp or prison farm, or while confined in a
county jail while serving a term of imprisonment for a felony or
misdemeanor conviction, any sentence imposed shall be consecutive to
the sentence for which the person was then confined.
451.1.  (a) Notwithstanding any other law, any person who is
convicted of a felony violation of Section 451 shall be punished by a
three-, four-, or five-year enhancement if one or more of the
following circumstances is found to be true:
   (1) The defendant has been previously convicted of a felony
violation of Section 451 or 452.
   (2) A firefighter, peace officer, or other emergency personnel
suffered great bodily injury as a result of the offense.  The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 451.
   (3) The defendant proximately caused great bodily injury to more
than one victim in any single violation of Section 451.  The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 451.
   (4) The defendant proximately caused multiple structures to burn
in any single violation of Section 451.
   (5) The defendant committed arson as described in subdivision (a),
(b), or (c) of Section 451 and the arson was caused by use of a
device designed to accelerate the fire or delay ignition.
   (b) The additional term specified in subdivision (a) shall not be
imposed unless the existence of any fact required under this section
shall be alleged in the accusatory pleading and either admitted by
the defendant in open court or found to be true by the trier of fact.
451.5.  (a) Any 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 one or more 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.
   (2) (A) The fire caused property damage and other losses in excess
of five million six hundred fifty thousand dollars ($5,650,000).
   (B) In calculating the total amount of property damage and other
losses under subparagraph (A), the court shall consider the cost of
fire suppression.  It is the intent of the Legislature that this
paragraph be reviewed within five years to consider the effects of
inflation on the dollar amount stated herein.  For that reason, this
paragraph shall remain in effect until January 1, 2010, and as of
that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2010, deletes or extends that date.
   (3) The fire caused damage to, or the destruction of, five or more
inhabited structures.
   (b) Any person who is convicted under subdivision (a) shall be
punished by imprisonment in the state prison for 10 years to life.
   (c) Any person who is sentenced under subdivision (b) shall not be
eligible for release on parole until 10 calendar years have elapsed.
452.  A person is guilty of unlawfully causing a fire when he
recklessly sets fire to or burns or causes to be burned, any
structure, forest land or property.
   (a) Unlawfully causing a fire that causes great bodily injury is a
felony punishable by imprisonment in the state prison for two, four
or six years, or by imprisonment in the county jail for not more than
one year, or by a fine, or by both such imprisonment and fine.
   (b) Unlawfully causing a fire that causes an inhabited structure
or inhabited property to burn is a felony punishable by imprisonment
in the state prison for two, three or four years, or by imprisonment
in the county jail for not more than one year, or by a fine, or by
both such imprisonment and fine.
   (c) Unlawfully causing a fire of a structure or forest land is a
felony punishable by imprisonment in the state prison for 16 months,
two or three years, or by imprisonment in the county jail for not
more than six months, or by a fine, or by both such imprisonment and
fine.
   (d) Unlawfully causing a fire of property is a misdemeanor.  For
purposes of this paragraph, unlawfully causing a fire of property
does not include one burning or causing to be burned his own personal
property unless there is injury to another person or to another
person's structure, forest land or property.
   (e) In the case of any person convicted of violating this section
while confined in a state prison, prison road camp, prison forestry
camp, or other prison camp or prison farm, or while confined in a
county jail while serving a term of imprisonment for a felony or
misdemeanor conviction, any sentence imposed shall be consecutive to
the sentence for which the person was then confined.
452.1.  (a) Notwithstanding any other law, any person who is
convicted of a felony violation of Section 452 shall be punished by a
one-, two-, or three-year enhancement for each of the following
circumstances that is found to be true:
   (1) The defendant has been previously convicted of a felony
violation of Section 451 or 452.
   (2) A firefighter, peace officer, or other emergency personnel
suffered great bodily injury as a result of the offense.  The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 452.
   (3) The defendant proximately caused great bodily injury to more
than one victim in any single violation of Section 452.  The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 452.
   (4) The defendant proximately caused multiple structures to burn
in any single violation of Section 452.
   (b) The additional term specified in subdivision (a) of Section
452.1 shall not be imposed unless the existence of any fact required
under this section shall be alleged in the accusatory pleading and
either admitted by the defendant in open court or found to be true by
the trier of fact.
453.  (a) Every person who possesses, manufactures, or disposes of
any flammable, or combustible material or substance, or any
incendiary device in an arrangement or preparation, with intent to
willfully and maliciously use this material, substance, or device to
set fire to or burn any structure, forest land, or property, shall be
punished by imprisonment in the state prison, or in a county jail,
not exceeding one year.
   (b) For the purposes of this section:
   (1) "Disposes of" means to give, give away, loan, offer, offer for
  sale, sell, or transfer.
   (2) "Incendiary device" means a device that is constructed or
designed to start an incendiary fire by remote, delayed, or instant
means, but no device commercially manufactured primarily for the
purpose of illumination shall be deemed to be an incendiary device
for the purposes of this section.
   (3) "Incendiary fire" means a fire that is deliberately ignited
under circumstances in which a person knows that the fire should not
be ignited.
   (c) Subdivision (a) does not prohibit the authorized use or
possession of any material, substance or device described therein by
a member of the armed forces of the United States or by firemen,
police officers, peace officers, or law enforcement officers
authorized by the properly constituted authorities; nor does that
subdivision prohibit the use or possession of any material, substance
or device described therein when used solely for scientific research
or educational purposes, or for disposal of brush under permit as
provided for in Section 4494 of the Public Resources Code, or for any
other lawful burning.  Subdivision (a) does not prohibit the
manufacture or disposal of an incendiary device for the parties or
purposes described in this subdivision.
454.  (a) Every person who violates Section 451 or 452 during and
within an area of any of the following, when proclaimed by the
Governor, shall be punished by imprisonment in the state prison, as
specified in subdivision (b):
   (1) A state of insurrection pursuant to Section 143 of the
Military and Veterans Code.
   (2) A state of emergency pursuant to Section 8625 of the
Government Code.
   (b) Any person who is described in subdivision (a) and who
violates subdivision (a), (b), or (c) of Section 451 shall be
punished by imprisonment in the state prison for five, seven, or nine
years.  All other persons who are described in subdivision (a) shall
be punished by imprisonment in the state prison for three, five, or
seven years.
   (c) Probation shall not be granted to any person who is convicted
of violating this section, except in unusual cases where the interest
of justice would best be served.
455.  Any person who willfully and maliciously attempts to set fire
to or attempts to burn or to aid, counsel or procure the burning of
any structure, forest land or property, or who commits any act
preliminary thereto, or in furtherance thereof, is punishable by
imprisonment in the state prison for 16 months, two or three years.
   The placing or distributing of any flammable, explosive or
combustible material or substance, or any device in or about any
structure, forest land or property in an arrangement or preparation
with intent to eventually willfully and maliciously set fire to or
burn same, or to procure the setting fire to or burning of the same
shall, for the purposes of this act constitute an attempt to burn
such structure, forest land or property.
456.  (a) Upon conviction for any felony violation of this chapter,
in addition to the penalty prescribed, the court may impose a fine
not to exceed fifty thousand dollars ($50,000) unless a greater
amount is provided by law.
   (b) When any person is convicted of a violation of any provision
of this chapter and the reason he committed the violation was for
pecuniary gain, in addition to the penalty prescribed and instead of
the fine provided in subdivision (a), the court may impose a fine of
twice the anticipated or actual gross gain.
457.  Upon conviction of any person for a violation of any provision
of this chapter, the court may order that such person, for the
purpose of sentencing, submit to a psychiatric or psychological
examination.
457.1.  (a) As used in this section, "arson" means a violation of
Section 451, 451.5, or 453, and attempted arson, which includes, but
is not limited to, a violation of Section 455.
   (b) (1) Every person described in paragraph (2), (3), and (4), for
the periods specified therein, shall, while residing in, or if the
person has no residence, while located in California, be required to,
within 14 days of coming into, or changing the person's residence or
location within any city, county, city and county, or campus wherein
the person temporarily resides, or if the person has no residence,
is located:
   (A) Register with the chief of police of the city where the person
is residing, or if the person has no residence, where the person is
located.
   (B) Register with the sheriff of the county where the person is
residing, or if the person has no residence, where the person is
located in an unincorporated area or city that has no police
department.
   (C) In addition to (A) or (B) above, register with the chief of
police of a campus of the University of California, the California
State University, or community college where the person is residing,
or if the person has no residence, where the person is located upon
the campus or any of its facilities.
   (2) Any person who, on or after November 30, 1994, is convicted in
any court in this state of arson or attempted arson shall be
required to register, in accordance with the provisions of this
section, for the rest of his or her life.
   (3) Any person who, having committed the offense of arson or
attempted arson, and after having been adjudicated a ward of the
juvenile court on or after January 1, 1993, is discharged or paroled
from the Department of the Youth Authority shall be required to
register, in accordance with the provisions of this section, until
that person attains the age of 25 years, or until the person has his
or her records sealed pursuant to Section 781 of the Welfare and
Institutions Code, whichever comes first.
   (4) Any person convicted of the offense of arson or attempted
arson on or after January 1, 1985, through November 29, 1994,
inclusive, in any court of this state, shall be required to register,
in accordance with the provisions of this section, for a period of
five years commencing, in the case where the person was confined for
the offense, from the date of their release from confinement, or in
the case where the person was not confined for the offense, from the
date of sentencing or discharge, if that person was ordered by the
court at the time that person was sentenced to register as an arson
offender.  The law enforcement agencies shall make registration
information available to the chief fire official of a legally
organized fire department or fire protection district having local
jurisdiction where the person resides.
   (c) Any person required to register pursuant to this section who
is discharged or paroled from a jail, prison, school, road camp, or
other penal institution, or from the Department of the Youth
Authority where he or she was confined because of the commission or
attempted commission of arson, shall, prior to the discharge, parole,
or release, be informed of his or her duty to register under this
section by the official in charge of the place of confinement.  The
official shall require the person to read and sign the form as may be
required by the Department of Justice, stating that the duty of the
person to register under this section has been explained to him or
her.  The official in charge of the place of confinement shall obtain
the address where the person expects to reside upon his or her
discharge, parole, or release and shall report the address to the
Department of Justice.  The official in charge of the place of
confinement shall give one copy of the form to the person, and shall,
not later than 45 days prior to the scheduled release of the person,
send one copy to the appropriate law enforcement agency having local
jurisdiction where the person expects to reside upon his or her
discharge, parole, or release; one copy to the prosecuting agency
that prosecuted the person; one copy to the chief fire official of a
legally organized fire department or fire protection district having
local jurisdiction where the person expects to reside upon his or her
discharge, parole, or release; and one copy to the Department of
Justice.  The official in charge of the place of confinement shall
retain one copy.  All forms shall be transmitted in time so as to be
received by the local law enforcement agency and prosecuting agency
30 days prior to the discharge, parole, or release of the person.
   (d) All records relating specifically to the registration in the
custody of the Department of Justice, law enforcement agencies, and
other agencies or public officials shall be destroyed when the person
required to register under this subdivision for offenses adjudicated
by a juvenile court attains the age of 25 years or has his or her
records sealed under the procedures set forth in Section 781 of the
Welfare and Institutions Code, whichever event occurs first.  This
subdivision shall not be construed to require the destruction of
other criminal offender or juvenile records relating to the case that
are maintained by the Department of Justice, law enforcement
agencies, the juvenile court, or other agencies and public officials
unless ordered by the court under Section 781 of the Welfare and
Institutions Code.
   (e) Any person who is required to register pursuant to this
section who is released on probation or discharged upon payment of a
fine shall, prior to the release or discharge, be informed of his or
her duty to register under this section by the probation department
of the county in which he or she has been convicted, and the
probation officer shall require the person to read and sign the form
as may be required by the Department of Justice, stating that the
duty of the person to register under this section has been explained
to him or her.  The probation officer shall obtain the address where
the person expects to reside upon his or her release or discharge and
shall report within three days the address to the Department of
Justice.  The probation officer shall give one copy of the form to
the person, and shall send  one copy to the appropriate law
enforcement agency having local jurisdiction where the person expects
to reside upon his or her discharge or release, one copy to the
prosecuting agency that prosecuted the person, one copy to the chief
fire official of a legally organized fire department or fire
protection district having local jurisdiction where the person
expects to reside upon his or her discharge or release, and one copy
to the Department of Justice.  The probation officer shall also
retain one copy.
   (f) The registration shall consist of (1) a statement in writing
signed by the person, giving the information as may be required by
the Department of Justice, and (2) the fingerprints and photograph of
the person.  Within three days thereafter, the registering law
enforcement agency shall electronically forward the statement,
fingerprints, and photograph to the Department of Justice.
   (g) If any person required to register by this section changes his
or her residence address, he or she shall inform, in writing within
10 days, the law enforcement agency with whom he or she last
registered of his or her new address.  The law enforcement agency
shall, within three days after receipt of the information,
electronically forward it to the Department of Justice.  The
Department of Justice shall forward appropriate registration data to
the law enforcement agency having local jurisdiction of the new place
of residence.
   (h) Any person required to register under this section who
violates any of the provisions thereof is guilty of a misdemeanor.
Any person who has been convicted of arson or attempted arson and who
is required to register under this section who willfully violates
any of the provisions thereof is guilty of a misdemeanor and shall be
sentenced to serve a term of not less than 90 days nor more than one
year in a county jail.  In no event does the court have the power to
absolve a person who willfully violates this section from the
obligation of spending at least 90 days of confinement in a county
jail and of completing probation of at least one year.
   (i) Whenever any person is released on parole or probation and is
required to register under this section but fails to do so within the
time prescribed, the Board of Prison Terms, the Department of the
Youth Authority, or the court, as the case may be, shall order the
parole or probation of that person revoked.
   (j) The statements, photographs, and fingerprints required by this
section shall not be open to inspection by the public or by any
person other than a regularly employed peace officer or other law
enforcement officer.
   (k) In any case in which a person who would be required to
register pursuant to this section is to be temporarily sent outside
the institution where he or she is confined on any assignment within
a city or county, including, but not limited to, firefighting or
disaster control, the local law enforcement agency having
jurisdiction over the place or places where that assignment shall
occur shall be notified within a reasonable time prior to removal
from the institution.  This subdivision shall not apply to any person
temporarily released under guard from the institution where he or
she is confined.
   (l) Nothing in this section shall be construed to conflict with
Section 1203.4 concerning termination of probation and release from
penalties and disabilities of probation.
   A person required to register under this section may initiate a
proceeding under Chapter 3.5 (commencing with Section 4852.01) of
Title 6 of Part 3 and, upon obtaining a certificate of
rehabilitation, shall be relieved of any further duty to register
under this section.  This certificate shall not relieve the
petitioner of the duty to register under this section for any offense
subject to this section of which he or she is convicted in the
future.
   Any person who is required to register under this section due to a
misdemeanor conviction shall be relieved of the requirement to
register if that person is granted relief pursuant to Section 1203.4.



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