The Burning of a Meeting House under Massachusetts criminal law makes it unlawful to willfully and maliciously set fire to, burn, or cause to be burned, or aid, counsel or procure the burning of a meeting house.
Under Massachusetts criminal law, the crime of Burning a Dwelling may be found at Massachusetts General Laws, Chapter 266, Section 2.
What is a Meeting House
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Under Massachusetts criminal law, a “meeting house” is and includes all buildings used as a meeting house, such as church, court house, town house, college, academy, jail or other building which has been erected for public use, or a banking house, warehouse, store, manufactory, mill, barn, stable, shop, outhouse or other building, or an office building, lumber yard, ship, vessel, street car or railway car, or a bridge, lock, dam, flume, or tank.
The meeting house does not need to be occupied at the time of the burning and it does not matter whether the defendant owns the building or if it is owned by another person. However, these are factors that may be considered by prosecutors and judges when determining an appropriate sentence.
Legal Elements of Burning a Meeting House
Setting Fire to, Burning, or Causing to be Burned a Meeting House
Under the first theory, in order to be found guilty of Burning a Meeting House as a principal actor under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant set fire to, burned, or caused a building to be burned
- the building was a meeting house or building or structure erected for public use
- the defendant acted willfully and maliciously
Willfulness means that the act was intentional and by design, rather than the act being thoughtless or accidental. That is, the act of setting on fire, burning, or causing to be burned and the resulted burning were both intended. The term “maliciously” or “malice” means that the act was done with an evil disposition. That is, with a wrong and unlawful motive or purpose and without lawful excuse.
Aiding, Counseling, or Procuring the Burning of Meeting House
Under the second theory, in order to be found guilty of Burning a Meeting House under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant intentionally aided, counseled, or procured
- a burning
- the building was a meeting house or building or structure erected for public use
For the purposes of this theory, “aided, counseled, or procured” means that the defendant participated in committing the crime of arson by agreeing to stand by, at, or near the scene of the crime to render aid, assistance or encouragement, if it became necessary, to the person who set fire to or caused the burning of the meeting house or by assisting the perpetrator to make an escape from the scene or by procuring another person to burn a dwelling house.
However, the mere fact that the defendant knew that the crime was going to be committed nor mere association with the person who set the fire nor mere presence at the scene is sufficient to prove arson. Furthermore, mere failure to take appropriate steps to prevent the crime or mere agreement also is not sufficient to prove arson. The defendant does not have to physically participate in the commission of the arson, he only needs to agree to be present and he was in fact present.
Potential Punishment if Convicted of Burning a Meeting House in Massachusetts
The potential consequences for Burning a Meeting House, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 266, Section 2. A defendant convicted for this offense under either theory shall be imprisoned in the state prison for not more than 10 years or in a jail or house of correction for not more than 2 ½ years.
If you have been charged with Burning a Meeting House and need expert legal representation, contact the Massachusetts Arson Lawyers at the Law Office of John L. Calcagni III call today at (508) 213-9113 to schedule a free consultation.
