How Does Maryland Define Structure?
Maryland Criminal Law § 6-101 defines the terms used in the arson statutes. “Structure” means a building or other construction, a vehicle, or watercraft. The definition expressly includes a barn, stable, pier, wharf, and any facility attached to a pier or wharf; a tent, public building, or public bridge; and a railroad car. The definition is broad. It is not limited to residential buildings. A vehicle and a watercraft qualify as a structure for purposes of the arson statutes.
How Does the Definition of Structure Affect the Charge?
The definition of structure is central to the degree of the arson charge. First-degree arson under § 6-102 requires that the person willfully and maliciously set fire to or burn a dwelling, or a structure in or on which an individual who is not a participant is present. A dwelling is a structure any part of which has been adapted for overnight accommodation of an individual, regardless of whether an individual is actually present. Second-degree arson under § 6-103 requires that the person willfully and maliciously set fire to or burn a structure that belongs to the person or to another. Ownership of the structure is not a defense to either charge.
What Is the Maximum Penalty?
First-degree arson is a felony with a maximum penalty of 30 years in prison and a $50,000 fine. Second-degree arson is a felony with a maximum penalty of 20 years in prison and a $30,000 fine. Because both charges are felonies, they are heard in the Circuit Court for Baltimore County, which sits only in Towson. Cases may begin with an initial appearance in District Court in Towson, Essex, or Catonsville before being transferred to the Circuit Court.
Common Issues Involving the Definition of Structure
Common issues include whether the burned object qualifies as a structure under § 6-101, whether any part of a structure had been adapted for overnight accommodation so as to make it a dwelling, and whether a person who was not a participant was present in or on the structure. The State must prove that the accused acted willfully and maliciously. Willfully means acting intentionally, knowingly, and purposely. Maliciously means acting with intent to harm a person or property. The presence or absence of these mental states, and the classification of the object as a structure or dwelling, can determine both the degree of the charge and the maximum penalty.
Where Are Arson Cases Heard in Baltimore County?
Arson is a felony. Cases are tried in the Circuit Court for Baltimore County in Towson. An accused may have an initial appearance or bail review in District Court in Towson, Essex, or Catonsville, but the trial occurs in the Circuit Court. Motions to suppress evidence or to challenge the sufficiency of the evidence that the object was a structure are heard in the Circuit Court.
What to Do If You Are Charged with Arson
If you are charged with arson in Baltimore County, the charging document will show the specific statute and the court. Shepard Law represents clients facing arson charges in the Circuit Court for Baltimore County in Towson and in related District Court proceedings in Towson, Essex, and Catonsville. Call (410) 648-4008 to schedule a free, confidential consultation. Criminal defense attorney Stephen P. Shepard can review the facts and explain how the definition of structure applies.
Structure means a building or other construction, a vehicle, or watercraft under Criminal Law § 6-101. It includes a barn, stable, pier, tent, public building, public bridge, and railroad car.
Yes. The definition of structure expressly includes a vehicle.
First-degree arson involves a dwelling or a structure where a non-participant is present. Second-degree arson involves any structure.
No. It is not a defense to first- or second-degree arson that the person owns the property.
The maximum penalty for first-degree arson under § 6-102 is 30 years in prison and a $50,000 fine.
The maximum penalty for second-degree arson under § 6-103 is 20 years in prison and a $30,000 fine.
