Jenny and her friends decide it will be fun to burn down an abandoned building. One Friday evening, they arrive at the building, pour gasoline in and around the property, and set the building on fire. The fire spreads to a nearby home, killing two children inside. Jenny and her friends are arrested. With what crime will Jenny and her friends be charged? Will the prosecutor be successful in arguing that this is an aggravated offense? Why or why not?
What will be an ideal response?
Jenny and her friends will be charged with arson. Students must fully explain whether the elements of arson are sufficiently fulfilled: burning, dwelling of another, willful and malicious intent. Students may argue aggravated arson because under modern statutes, it is considered that fires poses danger to firefighters, neighbors, and surrounding structures.
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