Question

Tyson was in the process of having his dream home built. He waited his entire life to save the kind of money it took to buy property and design a home. Unfortunately, there was a fire at the construction site overnight. There were no workers present. It is suspected that some drifters saw the location as temporary shelter as they were passing through the area. They likely build a fire to stay warm and left without putting the fire out. If this theory if this theory is correct, can the individuals who started the fire be charged with arson under the common law standards?

a) Yes, the presence of soot is enough to charge arson
b) Yes, arson is a strict liability offense
c) No, aggravated arson is more appropriate
d) No because the building was still under construction and not yet a dwelling

Answer 1

D

Step-by-step explanation:

Arson is a deliberate attempt at setting up fire at a property, usually a building.

Since the building was seen as a temporary shelter and the intention wasn't not burn down the building, they won't be charged with arson.