Commonwealth v. Qasim Q.
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The Supreme Judicial Court affirmed the judgment of the juvenile court adjudicating Appellant delinquent on two charges of attempting to burn a public building, holding that that Mass. Gen. Laws ch. 266, 5A, the attempted arson statute, is a specific intent crime.
Appellant was arraigned in the juvenile court after he performed the TikTok "penny challenge" twice at his school, leading to his adjudication. On appeal, Appellant argued that section 5A requires proof of specific intent and that the evidence was insufficient to demonstrate that he acted with the specific intent to burn or set fire to the building. The Supreme Judicial Court affirmed, holding (1) attempt to burn a public building is a specific intent crime; and (2) the evidence demonstrated that Appellant specifically intended his conduct and its consequences.
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