Federal arson charges

What does the law make illegal?

Arson is usually a state crime. Federal law covers it only when one of the federal links below is present, and each federal statute names its own link. The government must prove that link as an element of the crime.

Property used in interstate commerce, 18 U.S.C. § 844(i)

It is a crime to maliciously damage or destroy, or try to damage or destroy, by fire or an explosive, any building, vehicle or other real or personal property "used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce" (18 U.S.C. § 844(i)). "Maliciously" means the fire was not an accident; the exact definition comes from each circuit's case law and jury instructions. An "explosive" includes gunpowder, blasting materials, detonators and incendiary devices (§ 844(j)).

The commerce link is narrower than it sounds. In Jones v. United States, 529 U.S. 848 (2000), the Supreme Court held that an owner-occupied home not used for any commercial purpose is not property "used in" commerce or in a commerce-affecting activity, so burning it is not a federal crime under § 844(i). The Court said the question is the function of the building itself, and that a mortgage from an out-of-state lender, an out-of-state insurance policy, or natural gas from another state did not make a family home "used" in commerce. By contrast, in Russell v. United States, 471 U.S. 858 (1985), the Court held that a building rented to tenants is used in an activity affecting commerce, because renting real estate is a commercial activity. Businesses, rental properties and vehicles used in a business are the most common § 844(i) cases.

Federal property and federally funded organizations, 18 U.S.C. § 844(f)

It is a crime to maliciously damage or destroy, or try to, by fire or an explosive, any building, vehicle or other property owned, possessed or leased by the United States or a federal agency, or by "any institution or organization receiving Federal financial assistance" (18 U.S.C. § 844(f)(1)). Federal buildings and vehicles are covered, and so is property of organizations that receive federal funds, such as many schools, hospitals and nonprofits.

Using fire to commit another federal felony, 18 U.S.C. § 844(h)

A person who uses fire or an explosive to commit any felony that can be prosecuted in federal court, or carries an explosive while committing one, must be sentenced to 10 years in prison in addition to the sentence for that felony, and 20 years for a second or later conviction (18 U.S.C. § 844(h)). The judge can't give probation or run this term at the same time as any other sentence. For example, burning a business to collect insurance money can bring mail or wire fraud charges plus a § 844(h) count.

Arson on federal land and other federal jurisdiction, 18 U.S.C. § 81

Within the special maritime and territorial jurisdiction of the United States, it is a crime to willfully and maliciously set fire to or burn any building, structure or vessel, machinery or building materials, military or naval stores, munitions of war, or structural aids for navigation or shipping, or to attempt or conspire to do so (18 U.S.C. § 81). That jurisdiction includes many military bases and other federal enclaves, and certain ships and aircraft (18 U.S.C. § 7). A separate law covers setting fire to timber and other materials on federal land (18 U.S.C. § 1855).

Explosives charges that can come with arson

When explosives are involved, related counts can include possessing an explosive in a federal building or airport (§ 844(g)) or transporting explosives with intent to damage property or harm people (§ 844(d)). Those charges are sentenced under USSG §2K1.3 rather than §2K1.4. Bomb and fire threats and hoaxes under § 844(e) are covered on our federal threats page.

What are the penalties?

• Mandatory minimums: the 5-, 7- and 20-year minimums in § 844(f) and (i) bind the judge. The drug "safety valve" in 18 U.S.C. § 3553(f) does not apply to these crimes.
• Fines: up to $250,000 for a person, or more under § 3571(d) based on gain or loss (18 U.S.C. § 3571). Under § 81 the fine can be the cost of repairing or replacing the damaged property if that is greater.
• Restitution: for an offense against property under Title 18, the judge generally must order restitution for the loss (18 U.S.C. § 3663A).
• Supervised release: up to 5 years when the maximum is 25 years or more (such as the 40-year level or § 81), and up to 3 years for the 20-year level (18 U.S.C. §§ 3559(a), 3583(b)).
• Time limit: 10 years for non-capital offenses under § 81 and § 844(f), (h) and (i) (18 U.S.C. § 3295), double the usual 5.

How does sentencing work for this charge?

Arson under § 81, § 844(f) and § 844(i) is sentenced under USSG §2K1.4. The base offense level is the greatest of these:

• +2 if the fire was set to conceal another offense (§2K1.4(b)(1)).
• +2 if the offense happened on a national cemetery and the base level wasn't set by the loss table (§2K1.4(b)(2)).
• Cross reference: if death resulted, or the offense was intended to cause death or serious bodily injury, the court applies the most analogous homicide or assault guideline if that produces a higher level (§2K1.4(c)(1)).
• § 844(h): the guideline sentence is the 10-year (or 20-year) term the statute requires, served consecutively (USSG §2K2.4(a)).

A timely guilty plea usually earns 2 or 3 levels off (USSG §3E1.1). The 2-level reduction for people with no criminal history points is not available when the offense involved violence or credible threats of violence, or resulted in serious bodily injury (USSG §4C1.1(a)(3), (4)). Even when the guideline range is lower, the judge can't go below a statutory mandatory minimum.

Pending at the Supreme Court. In Beaird v. United States, No. 25-5343, set for argument on October 13, 2026, the Court agreed to decide whether Stinson v. United States (1993) still states the rule for how much weight courts must give the Guidelines’ commentary, the notes that follow each guideline. The answer could affect rules on this page that come from commentary rather than from the guideline text itself.

Guideline numbers on this page are from the Guidelines Manual in effect since November 1, 2025, which no longer uses “departures”: the judge calculates the range, then weighs the factors in 18 U.S.C. § 3553(a). For more depth, see How the federal Sentencing Guidelines work, at Sentencing.net, a Criminal Center site.

Statutes covered on this page

Each federal law this page covers, listed by how often it was a statute of conviction in fiscal year 2025 (U.S. Sentencing Commission data). For each one: the official section heading, what the government must prove, the penalties, and the sentencing guideline the Commission's Statutory Index assigns to it. See all statutes by title and section.

• 18 U.S.C. § 844(i)
• 18 U.S.C. § 81
• 18 U.S.C. § 844(h)
• 18 U.S.C. § 844(f)

How do these cases usually start and move?

Federal arson cases often start with a fire scene investigation by local fire investigators, with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) or the FBI joining when there may be a federal link. Insurance claims, phone and location records, surveillance video, purchase records for fuel or devices, and lab tests of debris are common evidence. Insurance-related fires may also bring mail or wire fraud charges.

Arson charges can qualify as crimes of violence under the federal bail law, which lets the government ask for a detention hearing (18 U.S.C. §§ 3142(f)(1)(A), 3156(a)(4)). The longer 10-year time limit means a charge can come years after the fire.

What to do now

• Don't give recorded statements to investigators or insurance adjusters about the cause of a fire under investigation before talking with a lawyer. Statements to an insurer can be used in a criminal case.
• Keep receipts, business records, and phone and location data that show where you were and what the property was used for.
• If the property is a home, records showing it was not used for any business can matter under Jones.

The usual stages of a federal case

1. 1Investigation. Agents gather records and interview witnesses, often using grand jury subpoenas. Someone the prosecutor views as a "target" may get a target letter before an indictment (Justice Manual 9-11.151, 9-11.153).
2. 2Charges. A federal felony is usually charged by indictment: a grand jury decides in private whether there is probable cause (Fed. R. Crim. P. 6, 7). Some cases start with an arrest on a criminal complaint.
3. 3First appearance and detention. After an arrest, the person goes before a magistrate judge without unnecessary delay (Fed. R. Crim. P. 5). The judge decides whether they are released or held until trial (18 U.S.C. § 3142).
4. 4Evidence and motions. The government must turn over certain evidence (Fed. R. Crim. P. 16). The defense can ask the court to suppress evidence or dismiss charges (Fed. R. Crim. P. 12).
5. 5Plea or trial. Many federal cases end in a guilty plea, which the judge must find knowing and voluntary (Fed. R. Crim. P. 11). At trial, the government must prove every element beyond a reasonable doubt, and a jury verdict must be unanimous (Fed. R. Crim. P. 31(a)).
6. 6Sentencing. A probation officer writes a presentence report, and each side can object in writing within 14 days of receiving it (Fed. R. Crim. P. 32). The judge then decides the sentence under 18 U.S.C. § 3553(a).

More on what to do at each stage: Facing federal charges? What to do now.

What defense issues come up in these cases?

• The federal link. Was the property actually used in commerce or a commerce-affecting activity at the time? After Jones, a family home with no business use is outside § 844(i). For § 844(f), did the owner really receive federal financial assistance? For § 81, is the place within federal jurisdiction?
• Cause and origin. Was the fire set at all? The methods used to call a fire incendiary, and to rule out accidental causes, deserve close review, sometimes with an independent fire investigator.
• Identity. Who set the fire? Location data, video, purchase records and witness accounts can point in different directions.
• Malice. Was the fire an accident, or the result of carelessness rather than malice?
• Injury and death findings. Higher minimums and maximums turn on whether personal injury or death resulted, and the guideline turns on the risk created. These facts have to be proved.
• Stacked counts. A § 844(h) count adds a mandatory consecutive 10 years. Whether the underlying felony and the § 844(h) count fit the facts is a key question early in the case.

Every case turns on its own facts. These are issues to look at, not predictions about how any case will turn out.

What happens after a conviction?

• Appeal. A notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)). Many plea agreements waive the right to appeal, but in Hunter v. United States (2026) the Supreme Court held that a waiver can’t be enforced when doing so would cause a miscarriage of justice, a high bar. See how federal criminal appeals work and federal appeals at Sentencing.net.
• A § 2255 motion. A motion asking the sentencing court to vacate, set aside or correct the sentence, for example for ineffective assistance of counsel. It is usually due within one year after the conviction becomes final (28 U.S.C. § 2255(f)). See 2255motion.com.
• Compassionate release. A motion asking the judge to reduce a prison sentence for extraordinary and compelling reasons, filed after the person asks the warden and either exhausts BOP appeals or waits 30 days (18 U.S.C. § 3582(c)(1)(A)). It can’t be used to attack the validity of the conviction itself (Fernandez v. United States (2026)). See CompassionateRelease.com.
• Clemency. The President can pardon a federal offense or commute (shorten) a federal sentence (U.S. Const. art. II, § 2). See Clemency.com.