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OT: Amateur blacksmith burns down the town

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  • OT: Amateur blacksmith burns down the town

    " ... John Gomes from the town of Cohoes in New York state was trying to bend metal in imitation of the TV series Forged in Fire when the yard blaze started...."

    http://www.bbc.com/news/world-us-canada-42195050

  • #2
    How can they charge him with arson when it wasn't intentional???

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    • #3
      It’s New York, commie land


      Sent from my iPhone using Tapatalk Pro

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      • #4
        anyone can be charged with anything actually - the trick is in the guilt decision
        Last edited by 01-7700; 12-01-2017, 08:09 PM.

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        • #5
          Originally posted by elf View Post
          How can they charge him with arson when it wasn't intentional???
          They really shouldn't since you are correct, arson is the intentional burning of property.

          Merriam-Webster Definition.

          Definition of arson: the willful or malicious burning of property (such as a building) especially with criminal or fraudulent intent

          They are certainly upset, however.

          Comment


          • #6
            From http://ypdcrime.com/penal.law/articl...=arson#p150.00


            S 150.05 Arson in the fourth degree.

            1. A person is guilty of arson in the fourth degree when he recklessly
            damages a building or motor vehicle by intentionally starting a fire or
            causing an explosion.
            2. In any prosecution under this section, it is an affirmative defense
            that no person other than the defendant had a possessory or proprietary
            interest in the building or motor vehicle.
            Arson in the fourth degree is a class E felony.
            Location: Saskatoon, Saskatchewan, Canada

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            • #7
              Maybe the arson was the first fire he intentionally started, not the subsequent accidental fires. The article said open fires are not allowed in the city.

              Mike

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              • #8
                I suspect that most people will think that starting a fire in a "burn barrel" is not what arson is supposed to be. But arson is defined by the law, and if the law says (for instance) that singing in the shower is arson, then that's what arson is.

                Dan
                At the end of the project, there is a profound difference between spare parts and extra parts.

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                • #9
                  Originally posted by elf View Post
                  How can they charge him with arson when it wasn't intentional???
                  There are different kinds of arson. Laws vary by state but under NY state law I believe he can be charged with arson in the fourth degree because of "reckless damages" caused by a fire he started.

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                  • #10
                    Let me get this right..
                    There are 3 degrees of burns,
                    And 4 degrees of arson .? I DID NOT KNOW THAT. .

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                    • #11
                      Do they use the same "degrees" for most crimes? 1st = premeditated. 2nd = willfull 3rd = not willful but should have known the outcome. 4th = ???
                      At the end of the project, there is a profound difference between spare parts and extra parts.

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                      • #12
                        By Jurisdiction.

                        It all depends upon the jurisdiction where the burning occurs. New York has 4 degrees, but California has only two. California Penal Code 451 requires that the burning be done maliciously, i.e. with specific intent to cause the burning. That is always a felony.

                        California Penal Code 452, however, is reckless burning. That can be a misdemeanor unless there is death or serious injury, in which case, it would be a "wobbler" and could go to a felony as well.

                        So, it pays to know where you are before you light that match.

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                        • #13
                          Originally posted by 754 View Post
                          Let me get this right..
                          There are 3 degrees of burns,
                          And 4 degrees of arson .? I DID NOT KNOW THAT. .
                          Hell, there are 6 degrees of Kevin Bacon.

                          Comment


                          • #14
                            Originally posted by GNM109 View Post
                            It all depends upon the jurisdiction where the burning occurs. New York has 4 degrees, but California has only two. California Penal Code 451 requires that the burning be done maliciously, i.e. with specific intent to cause the burning. That is always a felony.

                            California Penal Code 452, however, is reckless burning. That can be a misdemeanor unless there is death or serious injury, in which case, it would be a "wobbler" and could go to a felony as well.

                            So, it pays to know where you are before you light that match.
                            New York has 5 degrees.
                            Location: Saskatoon, Saskatchewan, Canada

                            Comment


                            • #15
                              Originally posted by Arcane View Post
                              New York has 5 degrees.
                              Didn't know that. You are engaging in the highest use of the Internet, correcting the mistakes and misinformation of others. Thanks.

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