California Code, Penal Code - PEN § 450

In this chapter, the following terms have the following meanings:

(a) “Structure” means any building, or commercial or public tent, bridge, tunnel, or powerplant.

(b) “Forest land” means any brush covered land, cut-over land, forest, grasslands, or woods.

(c) “Property” means real property or personal property, other than a structure or forest land.

(d) “Inhabited” means currently being used for dwelling purposes whether occupied or not.  “Inhabited structure” and “inhabited property” do not include the real property on which an inhabited structure or an inhabited property is located.

(e) “Maliciously” imports a wish to vex, defraud, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.

(f) “Recklessly” means a person is aware of and consciously disregards a substantial and unjustifiable risk that his or her act will set fire to, burn, or cause to burn a structure, forest land, or property.  The risk shall be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.  A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.


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