Comment by pie_flavor
1 day ago
This all hinges on the word 'unintentionally', which is not at all how the law sees it. Arson has a forty year maximum for a good reason, because fire tends to spread and cause a lot more damage than anyone predicted. You are not exonerated of responsibility just because emergency services showed up. You are, to a first approximation, responsible for all damage done.
Arson is also an inherently dangerous felony, which is why when someone dies because of arson, the arsonist can be charged with murder.
I'd imagine manslaughter would be more applicable in the situation above.
The requirement for murder is typically: 1) You intended serious harm to a person 2) The person died. So yeah, "I wanted to start a big fire" != "Intent of serious harm". Negligent sure, but that's not enough for Murder.
However many US states have a "felony murder rule" which as I understand it says if you did something that resulted in death, and it was in the course of a felony then it can be tried as murder. Most of them rule out some felonies (felony assault + death => murder is a stupid way to apply such a rule and so is usually ruled out) and some only rule in a handful like rape and prison escapes, but felony arson + death => murder might play.
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The distinction between manslaughter and second degree murder isn't the intent to see someone die, it is the intent to do the possibly lethal thing.
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