Legal Question in Criminal Law in California

California Penal Code 452

unlawful burning of less than 1 acre of private property, of dried grass. Would 452 (c) or 452 (d) be the correct charge. The definitions are in Penal Code 450.


Asked on 6/11/09, 1:21 am

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

Re: California Penal Code 452

I know - the wording of these sections is maddening. When I teach at the police academy, this section gives them fits because it's confusing.

If the burning was strictly to land ("forest land" in the code), then the correct section is 452(c) - a "wobbler" in California and it can be charged either as a felony or a misdemeanor. If someone is injured or an inhabited structure or property is burned, then the punishment is greater.

If the burning was to somebody's property (personal property, not real estate), then it's a misdemeanor under 452(d).

So - from what you wrote - and there may be more to the story, it looks like 452(c) is the correct charge.

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Answered on 6/11/09, 10:30 am


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