Also known as: combustio domus · arson · house-burning
Written by attorneys · grounded in primary & secondary sources — see below
A common-law misdemeanor consisting of the malicious burning of one's own dwelling when the structure lies within city limits or stands close enough to neighboring houses that the fire endangers them.
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Colin Chambers intentionally sets fire to his own home inside city limits. Flames reach the adjacent house before firefighters arrive. Colin faces misdemeanor liability under the common-law offense because the location and risk to others satisfy the elements.
Cameron Cruz burns his rural cabin while fleeing after committing robbery. The blaze threatens a nearby occupied farmhouse. The conduct meets the requirements for the misdemeanor because the fire endangers neighboring dwellings during flight from another felony.
Connor Clark sets fire to his own townhouse to collect insurance. The structure sits close enough that embers could ignite the adjoining row houses. The act constitutes the offense because the purpose and proximity create the required danger to neighboring property.
Cade Carpenter burns his own single-family home in a dense neighborhood. The fire spreads to the fence of the next property before being contained. Liability arises because the dwelling's location within town limits satisfies the endangerment element of the common-law misdemeanor.
Christopher Collins burns a large wooden cross on his own front lawn in a residential area. Sparks land on the roof of the house across the street. The conduct triggers the misdemeanor because the fire originates from the defendant's own dwelling and threatens neighboring structures.
Cecilia Cabrera ignites a cross in her own backyard within a crowded subdivision. The flames come within feet of igniting the fence of the adjacent lot. The act meets the definition because the fire starts at the defendant's dwelling and endangers nearby houses.
Combustio domorum requires the defendant to burn his or her own dwelling, whereas arson requires burning the dwelling of another. The misdemeanor also demands that the fire occur within city limits or close enough to endanger neighboring houses.
Supporting sources
No. Malice for the offense exists if the defendant intends the structure to burn or consciously disregards an obvious risk that it will burn. Actual damage to neighboring houses is unnecessary.
Supporting sources
No. At common law that conduct was treated as noncriminal, although modern statutes separately criminalize insurance fraud.
Supporting sources
…comparable in terms of the possible sentence imposed to serious felonies such as aggravated battery, § 16-5-24, first-degree arson, § 16-7-60, and robbery, § 16-8-40.[^maj-1] In this case, however, respondent has not been tried, much less convicted and sentenced.[^maj-2] Moreover, respondent has not raised the Eighth…