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pm_tamster

arson

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I want to know if it is true that according to Indiana law if you are buying a home and the payments are current and up to date and home goes up in flames it is not considered arsen even though the homeowner is suspected of setting it? That legally, the homeowner has that right? I know this sounds far fetched to me...

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Are you asking if the homeowner commits arson by setting their house on fire?

Arson is defined by Indiana Code Section 35-43-1-1 as:

Sec. 1. (a) A person who, by means of fire, explosive, or

destructive device, knowingly or intentionally damages:

(1) a dwelling of another person without the other person's

consent;

(2) property of any person under circumstances that endanger

human life;

(3) property of another person without the other person's

consent if the pecuniary loss is at least five thousand dollars

($5,000); or

(4) a structure used for religious worship without the consent

of

the owner of the structure;

commits arson, a Class B felony. However, the offense is a Class A

felony if it results in either bodily injury or serious bodily injury to

any person other than a defendant.

In some instances arson is limited to the property of another person; however, under the statute arson can also occur if a person's life is endangered.

Good luck.

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Thank you Sarah. I am not quite sure that I asked the question right. If said person is buying a home and has his payments current and up to date and then he sets his house on fire, is that considered arson? I was told by a cop nonetheless...that if he was buying his home and had his payments current and up to date that by Indiana law, legally he could burn it down and not be charged with arson? How can that be? Wouldn't the bank still own the house? And how can he not be charged with arson?

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