vision2020
Re: vision2020-digest Digest V98 #190
>The amount of damage caused to a lawn would probably be
>insufficient to consitute "arson" in any state.
Just to satisfy my curiosity I looked up the arson statutes: I don't have
access to an annotated Idaho Code right now, but here's the statute from the
web'd Idaho Code:
18-804. ARSON IN THE THIRD DEGREE -- BURNING OF REAL OR PERSONAL
PROPERTY OR FOREST LAND -- PENALTIES. Any person who willfully and unlawfully,
by fire or explosion, damages:
(1) Any real or personal property of another; or
(2) Any forest land;
is guilty of arson in the third degree, and upon conviction thereof shall
be sentenced to the custody of the department of correction for not more
than ten (10) years or fined not more than fifty thousand dollars ($50,000)
or both.
Real or personal property is defined (18-801) as ANY property, either real or
personal, and "damage" includes scorching or "any dimunition in value."
An annotated Code may prove me wrong, but assuming a burning cross on
someone's lawn damaged the lawn because it was on fire, it appears the person
could be charged with 3rd degree arson. Then turn a jury loose on them.
No need to make this a hate crime.
E. O'Daniel
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