Maryland has a number of laws around arson and burning. The level of offense and the potential consequences vary based on things like the dollar value of damage done, what was burned and the motivation for the burning.
Arson offenses involve intentionally setting fire to a home, building or other structure. Malicious burning offenses can involve intentionally burning any kind of property, like someone’s car or other possessions.
When is malicious burning a hate crime?
Sometimes, offenses against people and property intersect with the state’s hate crime law. Maryland has a hate crime law that addresses offenses committed or threatened against someone “based either in whole or in substantial part” on a protected characteristic. This includes things like race, religion, sexual orientation, disability and even homelessness.
The law states that a person may not “burn or attempt or threaten to burn an object on the real or personal property of that person or group.” The law applies whether the alleged victim is in fact a member of a protected group or not, as long as the defendant is accused of acting because they perceived that they were.
Burning with intent to defraud
Most burning offenses involve setting fire to property owned by someone else. When someone sets fire to property they own “with the intent to defraud another,” the offense is “Burning with intent to defraud.” A common example is when someone is accused of setting fire to a failing business to collect an insurance payout.
Note that any of these two charges are in addition to the actual malicious burning offenses, which can be first- or second-degree charges depending on whether the property is valued at $1.000 or more. If anyone is injured or dies as a result of the fire, more serious charges can be added. Since fire is so unpredictable, there can almost never be a guarantee that someone won’t be physically harmed in it, even if that wasn’t the intention.
No charge involving burning or arson should ever be taken lightly. It’s important to get legal guidance as soon as possible to protect your rights and evaluate your options.