Burglary, Arson, Home Invasion Arson Questions

TNM021

New Member
Jurisdiction
Maryland
Does a chemical test have to be done on a substance before attempted arson can be substantiated?
What is the process of proving attempted arson?
Is a report from the fire department necessary from the scene of the crime proving arson/attempted arson occurred?
 
Last edited:
Does a chemical test have to be done on a substance before attempted arson can be substantiated?

No.

What is the process of proving attempted arson?

Under Maryland law, arson in the first degree is the crime of "willfully and maliciously set[ting] fire to or burn[ing]" a dwelling or "a structure in or on which an individual who is not a participant is present."

Arson in the second degree involves "willfully and maliciously set[ting] fire to or burn[ing] a structure that belongs to the person or to another."

Attempted arson would involve an effort to commit one of these two crimes. I'm uncertain what you mean by "the process of proving," but the prosecution has the burden of proving all elements of the crime charged beyond a reasonable doubt.

Is a report from the fire department necessary from the scene of the crime proving arson/attempted arson occurred?

No.
 
Usually a fire inspector/marshall will investigate suspected arsons and produce a report, but it isn't necessary. Depending on circumstances there could be additional evidence that is substantial enough to support the allegation.
 
In Maryland, the state Fire Marshall's office has statewide investigatory authority. They are a division of the State Police. Many of the county police departments also have Arson Investigation Units.

As has been pointed out, there's nothing magic about arson. Depending on the circumstances, it doesn't take a fire marshall or lab tests to verify things. If someone witnesses you torching something, you can be convicted just on the testimony. The Baltimore County and Baltimore City Police each have arson units and also work closely with their department's bomb squad.

I used to be a fireman in Baltimore County, the police got involved in any fire that either we thought was suspicious or when someone was killed or seriously injured.

ZD gave the Maryland arson definitions. In Maryland the crime is "attempted something" when you take a substantial step toward committing a crime. You can be punished for the "attempt" up to the same extent as to the crime you are attempting.

Pouring a flammable liquid on someone's in and around some's front porch, Melvin, is attempted arson if you don't light it.
 
Pouring a flammable liquid on someone's in and around some's front porch, Melvin, is attempted arson if you don't light it.


I've had suspicions about "Melvin" all of my life!

Thanks to you, mate, my suspicions have been confirmed.

That darn "Melvin", I knew it, I just knew it!
 
Just a wild-assed guess.

Really wild. OP's profile says female.

It's not unheard of for a girl to be named Melvin but it's very rare. Since 1880 240,162 boys have been named Melvin but only 61 girls according to several websites that purport to know these things.

A search for modern females named Melvin resulted in:

Melvin
 
Really wild. OP's profile says female.

It's not unheard of for a girl to be named Melvin but it's very rare. Since 1880 240,162 boys have been named Melvin but only 61 girls according to several websites that purport to know these things.

A search for modern females named Melvin resulted in:

Melvin
:D:D:D
 
Back
Top