Question

You are a loss prevention officer in Mississippi. One day you discover that one of the employees poured lighter fluid in the locker of another employee and lit it on fire. The fire was quickly extinguished and a jacket (owned by the employee) was the only thing damaged. Under MS law, what crime(s) have been committed? What are the elements of the crime(s)?

Answer 1

based on my general knowledge of criminal law, the actions described in the scenario may constitute the crime of arson in Mississippi. Arson is the intentional act of setting fire to property, whether it is a building, structure, or personal property.

In Mississippi, the crime of arson is defined under Mississippi Code § 97-17-1 to § 97-17-13. Based on the facts provided, the employee's actions could potentially be charged as arson or attempted arson, specifically under § 97-17-1 or § 97-17-3.

§ 97-17-1 covers the burning of a dwelling or other structure, while § 97-17-3 covers the burning of personal property. In this case, since the fire was set inside a locker and damaged a jacket, the crime might be charged under § 97-17-3.

The elements of arson under § 97-17-3 are:

Willful and malicious act: The accused must have intentionally and maliciously set the fire.
Burning of personal property: The fire must have caused damage to personal property.

Additionally, the actions may also constitute other crimes such as criminal mischief (vandalism) or reckless endangerment due to the potential harm that the fire could have caused to people or property.