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Your Child Started a Fire: When Is It Arson?

Posted by Joseph D. Lento | Sep 21, 2022 | 0 Comments

Many children are fascinated with fire and flames, and some even start fires themselves. For example, in Cambria County, Pennsylvania, alone, an average of just over one structure fire per month was started by a child, and about 25% of fires each year are set by children in the county. And in a concerning trend, anecdotal evidence suggests that younger and younger children are lighting the matches. Regardless of the age or intent of the child, starting a fire is a matter for serious concern, given its potential to damage or destroy property and cause injury or loss of life. There can be serious legal implications if the act meets the definition of arson, which is defined as a property crime in Pennsylvania. And if a child starts a fire more than once, it could be a sign of underlying psychological issues.

Juveniles Who Start Fires—Children Under Twelve are Treated Differently

Law enforcement officials report a juvenile crime, including arson, in the Pennsylvania Uniform Crime Reporting System. However, not all fires started by juveniles make it into the system because they are not intentional, criminal acts.While teenagers may start fires for excitement or revenge, younger children tend to start fires by accident; for example, a five-year-old flicks a lighter just to see what will happen. In the latter case, it may not meet the legal definition of a criminal offense. As a result, there is both an underreporting of fires started by juveniles and a possible lack of preventative follow-up with the younger children who started fires.

There are also privacy laws and nondisclosure rules when talking about young children starting fires. In addition, the commonwealth cannot mandate an intervention program for children younger than twelve or so.

What to Do If Your Child Starts a Fire

Regardless of how young they are, if your minor child starts a fire, a serious, thoughtful response is imperative. A starting point for gathering information includes reviewing the Parents' Legal Responsibility When Your Child Sets a Fire booklet and the Pennsylvania Juvenile Firesetter Intervention Program brochure, both from the Pennsylvania Office and the State Fire Commissioner. And it is crucial to secure expert legal advice if there is any chance of criminal charges in the Pennsylvania juvenile system.

Your Best Strategy: Contact an Expert Juvenile Defense Attorney

Starting a fire can have serious, even tragic results, even if the individual who started the fire is a juvenile. The legal implications may be enormous. If your minor child started a fire that caused significant damage or injury, contact our Criminal Law Team -- they have the knowledge and experience to guide you and your family and protect your child's future. Call the LLF Law Firm now at 888.535.3686 or tell us about your case online.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in Philadelphia and across Pennsylvania as well as in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

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The LLF Law Firm Team has decades of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the LLF Law Firm today! Our Criminal Defense Team will go above and beyond the needs of any client, and will fight until the final bell rings.

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