What You Need to Know About Arson Offenses in North Carolina

What Is Considered Burning?

Burning is defined broadly under the law to include any small burning of the structure. It is not required that the fire totally destroyed the dwelling. Slight charring may be sufficient for someone to be charged with arson. However, setting the structure on fire is not the same as burning it and is not considered arson.

What Constitutes a Dwelling House?

A dwelling house is defined as a house that a person dwells, lives, resides, stay, or rests in. The definition includes mobile homes, manufactured-type homes, and recreational trailer homes. The yard around a dwelling and outbuildings, such as a barn or garage, are also considered part of a dwelling.

In order to be inhabited, someone must occupy it but does not need to do so permanently. Temporary or seasonal occupation of the structure is sufficient.

When Is a Dwelling Considered Occupied by Another Person?

While the dwelling must be inhabited by another person, the accused can also reside in the structure and may be the sole owner of it. For example, if his spouse and children live in the dwelling with him, the accused can be charged with arson if he burns the dwelling. He can also be charged with this crime if he is the landlord and burns a home that he rents to a tenant. In a multi-vehicle structure, a person can be charged with arson for burning his own apartment as long as at least one other unit in the building is occupied.

Can a Dwelling House Be Considered Occupied If the Person Is Deceased?

North Carolina courts have ruled that a person can be found guilty of arson if the occupant of the dwelling is deceased at the time of the arson. This applies to a situation where the victim is killed and the dwelling is burned soon after. Although the victim would have been deceased at the time of the burning, the dwelling house would be considered occupied.