NCJ Number
100858
Journal
American Criminal Law Review Volume: 23 Issue: 2 Dated: (Fall 1985) Pages: 151-206
Date Published
1985
Length
56 pages
Annotation
In tracing how Federal prosecutors have handled arson, this article reviews Federal criminal jurisdictional principles.
Abstract
The national scope of the arson problem and the huge losses involved have prompted Federal law enforcement agencies to focus on the problem. Because there is no general Federal arson statute, Federal prosecutors have brought arson-related charges through statutes pertaining to firearms, mail and wire fraud, and racketeering and explosives violations. Mail and wire fraud violations are involved when an arsonist uses the mail to implement a fire insurance fraud. The Travel Act is used to prosecute persons who use interstate travel to aid arson, and the Federal Gun Control Act is interpreted to include incendiary devices as 'destructive devices' within the act's parameters. The Racketeer Influenced and Corrupt Organizations Act is used when an arson case involves a 'pattern of racketeering activity.' Finally, Title XI of the 1970 Organized Crime Control Act, specifically section 844(i), prohibits the malicious damaging of buildings, vehicles, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce in any activity affecting interstate or foreign commerce by means of explosives or fire. The courts have been willing to accept a broad interpretation of this statute to cover commercial property, with the potential for extending it to some private residences. 620 footnotes.