§ Article 126 : Arson; Burning Property With Intent to Defraud

Article 126 of the UCMJ (10 U.S.C. § 926) punishes three offenses: aggravated arson of an inhabited dwelling, or of any other structure the accused knows a human being is in; simple arson of another’s property; and burning any property with intent to defraud.

Who It Applies To

Aggravated arson: any person subject to the UCMJ who willfully and maliciously burns or sets on fire an inhabited dwelling, or any other structure, movable or immovable, in which, to that person’s knowledge, a human being is present at the time.

Simple arson: any person subject to the UCMJ who willfully and maliciously burns or sets fire to the property of another.

Burning with intent to defraud: any person subject to the UCMJ who willfully, maliciously, and with intent to defraud burns or sets fire to any property.

What It Covers

Aggravated arson — inhabited dwelling

1. The accused burned or set on fire an inhabited dwelling.
2. The act was willful and malicious.

Aggravated arson — other structure

1. The accused burned or set on fire a certain structure.
2. The act was willful and malicious.
3. There was a human being in the structure at the time.
4. The accused knew that there was a human being in the structure at the time.

Simple arson

1. The accused burned or set fire to certain property of another.
2. The act was willful and malicious.
3. Where alleged: the property was of a value of more than $1,000.

Burning with intent to defraud

1. The accused burned or set fire to certain property.
2. The act was willful and malicious.
3. The burning was with intent to defraud a certain person or organization.

Key rules

• In aggravated arson, the essential element is danger to human life; in simple arson, injury to another’s property; in burning with intent to defraud, the fraudulent purpose, regardless of who owns the property. It is immaterial that no one is actually injured. The fire must be set willfully and maliciously, not merely by negligence or accident.
• An inhabited dwelling is a structure used for habitation; no one need be inside at the time. It includes outbuildings that form part of the residence. A person may commit aggravated arson of their own dwelling, as owner or tenant.
• For any other structure — such as a theater, church, boat, trailer, or tent — the accused must know a human being is inside. Knowledge may be shown where the nature of the structure or other circumstances were such that a reasonable person would have known.
• The structure need not be consumed or materially injured; any actual burning or charring is enough, but mere scorching or discoloration by heat is not.

Maximum Punishment

Maximum authorized punishment.

• Aggravated arson: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 25 years.
• Simple arson, property of some value: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
• Simple arson, property of a value of more than $1,000: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.
• Burning with intent to defraud: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.

Sentencing parameters. Aggravated arson, Category 3 (30–120 months). Simple arson, $1,000 or less, Category 1 (0–12 months); more than $1,000, Category 2 (1–36 months). Burning with intent to defraud, Category 2 (1–36 months).

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Other willful destruction of non-military property is addressed by Article 109, and of military property by Article 108. A death caused during aggravated arson is murder under Article 118(4), and harm to an unborn child during arson may be charged under Article 119a.

What the Provision Does

Article 126 grades arson by what was burned: aggravated arson involves an inhabited dwelling or a structure the accused knows a human being is in, and simple arson involves other property of another. A separate provision covers burning any property with intent to defraud, and the maximum confinement ranges from 5 to 25 years depending on the offense and value.

History

Arson appeared as Article 126 of the original 1950 UCMJ and was codified at 10 U.S.C. § 926 in 1956. The Military Justice Act of 2016 (Pub. L. 114-328, § 5440) rewrote the article, effective January 1, 2019, and added burning property with intent to defraud, which had previously been charged as an enumerated offense under Article 134 (paragraph 67 of the 2016 edition of the Manual).

Sources

• 10 U.S.C. § 926 (Article 126, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 75
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C
• Manual for Courts-Martial, United States (2024 ed.), Appendix 17 (Analysis of Punitive Articles)