First-degree arson is a serious criminal charge used in some states. Burning is defined broadly under the law to include any small burning of the structure. Consult with a Denver criminal defense lawyer as soon as possible to make sure you dont have to pay the steep price an arson conviction can bring. Prison time is likely. The key behind the scheme was that the Chens would take burned items from previous fires and place them in the new fires in order to make insurance claims all over again on the same items. Here we will highlight a few different states to get an idea of how the law is defined and what the penalties for arson are. If convicted, you could be facing up to 20 years in prison. / 50.217N 11.017E / 50.217; 11.017. Ha Nguyen pleaded guilty to arson and insurance fraud and was sentenced to eight years in jail. There are more reasons to commit arson than just wanting to maliciously hurt someone or their property. First degree also . This offense is a Class A felony and can be prosecuted the same way as murder. Finding trusted and reliable insurance quotes and legal advice should be easy. Penal Code 452 handles reckless burning accusations. Arson laws do not vary as much by state as some other subjects, such as gun control. This could be a lot, field, parking . Defenses to Arson. https://www.oregonlegislature.gov/bills_laws/ors/ors164.html While facing any criminal charges can be concerning for you and your loved ones, there are certain criminal charges that face higher scrutiny both by public perception and by the prosecution. A person is guilty of fifth-degree arson if they have intentionally damaged someone elses property by causing a fire but causing no harm to individuals. Some will start fires on their own property in order to claim insurance money, or in order to gain some kind of profit off of the fire. Structure arson is the most common type of arson. Call our team right now at (310) 997-4688 to learn more about arson charges from the Simmrin Law Group. You can learn more about the arson charges in use in our state if you keep reading. It is mandatory to procure user consent prior to running these cookies on your website. If youve been charged with arson, you should speak with an expert criminal lawyer. A Volusia County, Florida jury found a man guilty of murder and arson on Thursday, for the 2017 killing of a woman he set on fire. Finally, insurance fraud arson is punishable with 1 6 years, up to $5,000, and restitution. It also means those arraigned on the charge are subject to a "dangerousness hearing" in order to obtain bail. There are a few aspects that must be proven in order to convict someone of arson, as well as some defenses to prove their innocence. A fire or explosion that is purposefully started in a home or another area where people are present is considered an act of arson in the first degree. You can reach members of our team if you call (310) 997-4688 or if you fill out our online contact form. During the conference, several different fires broke out around the city. The use of accelerants, though, is often how a person is caught when committing insurance fraud. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. Copyright 1995-2023|FreeAdvice.com|15310 Amberly Dr, Suite 250, Tampa, FL 33647|Privacy Policy|Terms & Conditions|CCPA. A person commits first degree arson if they intentionally start a fire or start a fire while committing a felony that causes damage to: Any dwelling, which is a building . North Carolina Arson Laws North Carolina has just two degrees of arson. [1971 c.743 142] Penalties can increase if the offense was coupled with other charges, or if there is a deadly weapon or firearm enhancement, or if the offense is labeled as a domestic violence offense. The accused committed the arson maliciously, which is intentionally and without justification or excuse, and burned the dwelling house or another structure and this caused the fire to spread to the dwelling structure. 844(i). Committing this offense is a first-degree felony in Florida and is punishable by up to 30 years in jail and a $15,000 fine. Personal Information Revealed Online, History of the Freedom of Information Act, Structural aids for navigation or shipping, It is within the limits of a city or town, It has a mortgage or other security interest, Arson Causing Damage to Inhabited Structures or Properties, Arson Causing Damage to Structures or Forest Land. It must be proven that it was done knowing one of these things: Also qualifying is when the person disregards that the crime will put someones life or property in danger. A Black Lives Matter rioter was sentenced to five years in prison after pleading guilty to first-degree arson for setting the Portland Police Bureau's north precinct on fire at an Antifa riot last June. In January 1987, there was a conference of arson investigators. Si navegas en nuestra web, aceptas su instalacin y uso. Putnam & Kemp have been moved to the Simpson County Jail. The severity of the crime is usually split into sections. The harshest of the arson charges is first-degree arson. The citation to State v. Washington in the permanent edition should be 5 Or App 347. First degree; dwelling. DA wants man held in jail after . Orr faced the death penalty but avoided it and was sentenced to life in prison in 1998. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Setting fire to an abandoned barn could qualify as second-degree arson in some states. Soon after that fire, their two homes in San Jose and Stockton both burned down. It punishes Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or anexplosive, particularly property that is used in or affects interstate or foreign commerce, as well as anyone who attempts or conspires to commit this crime. The statutory language varies significantly from both First and . First Degree vs. Second Degree Arson in Florida. The perpetrators were sentenced to six years in jail and included a veteran firefighter named Ray Norton Jr. Arson is both a felony and a "violent crime" under Massachusetts law. If the fire results in serious harm, a separate second-degree felony can be charged. Whether defenses apply to arson charges depends on the circumstances and the arson laws of the state where the fire happened. In addition, Typically, arson involves setting fire to a building. First-degree arson is classified as a class-3 felony charge and can bring up to 12 years of prison time, or, in more extreme circumstances where explosives were used in the crime, a maximum of 16-years in jail. This website uses cookies to improve your experience while you navigate through the website. Individuals will face fines and up to: Finally, individuals will face more prison time if they engage in arson that harms someone else. Under Connecticut law, first-degree arson is a Class A felony, punishable by a prison term of 10 to 25 years with a fine up to $25,000. We will also answer some common questions about arson law and provide resources for those who may need legal assistance. This defense would not work in a state where the destruction of a home is an aggravating circumstance by itself, even absent any other malicious intent evidence. The penalties for arson in South Carolina are as follows: First Degree Arson - Not less than 30 years in jail. Nevada law defines first-degree arsonas willfully or maliciously setting fire to: real estate, buildings, houses, or mobile homes; or personal property (such as a motor vehicle) that is occupied by at least one person It makes no difference whether the suspect ownsthe property. Higher risk means a higher premium for the employer. Copyright Felonies.org 2023, All Rights Reserved. Regardless of the malicious intent, or lack thereof, many states will charge a defendant with first-degree arson when a fire or explosion results in death or serious bodily injury to another person. If a defendants motivation for committing the offense is malicious, this intent will result in a first-degree charge. The appeals process is complicated, and it is important to have an experienced attorney on your side. Obviously, the closer the arsonist comes to harming someone, the more their sentence is going to be. The crime does not meet the threshold of first degree arson. We and our partners use cookies to Store and/or access information on a device. Jan. 17LIMA A Lima woman who admitted to police she started a fire on the porch of a city residence without thinking about the possible fate of four . Third Degree Arson - Up to 15 years in jail. Because first-degree arson is generally considered a crime of violence, a defendant convicted of arson also faces stiffer parole laws or rules. The standard range of punishment for a person convicted of First Degree Arson is 21 to 27 months in prison. Depending on the type of arson you were charged with and the circumstances surrounding your charge, including whether or not people were in harms way and how much property damage you allegedly caused, your charge may end up as either a misdemeanor or a felony. Our goal is to be an objective, third-party resource for everything legal and insurance related. Degrees of Arson New Jersey recognizes four degrees of arson with first degree arson being the most serious offense. He can also be charged with this crime if he is the landlord and burns a home that he rents to a tenant. If convicted, a person could be sentenced to 38 to 60 months in prison depending on his prior convictions. If any of these terms are violated, the person might have to go to jail or prison. While not quite as bad as a sex offender condition, for example, a first-degree arson charge offender can find themselves with a felony and limited employment opportunities because the insurance company for the employer views the defendant as a safety risk. A defendant whose motivation is based on a mental condition can be required to attend counseling and complete any court-ordered mental health programs. Arson (criminal damage by fire) Criminal Damage Act 1971, s.1 (1) and (3) Effective from: 01 October 2019 This is a Schedule 19 offence for the purposes of sections 274 and 285 (required life sentence for offence carrying life sentence) of the Sentencing Code. We strive to help you make confident insurance and legal decisions. Generally, the more damage that is done to property from the act of arson, the higher the penalties can be. 2023 Browning & Long PLLC, All Rights Reserved, Reproduced with Permission, DMV Driver's License Restoration Hearings, How to Handle Being Falsely Accused of a Crime, Your Rights as a Suspect in a Criminal Investigation. The most serious of these charges is a first-degree arson charge - a felony offense carrying a maximum sentence of 30 years in prison and a maximum fine of $10,000. For a Class A Felony conviction in Washington, a guilty defendant could face up to life in prison, $50,000 in criminal fines, or a combination of both; A Misdemeanor Charge: If the arson committed was not considered especially dangerous or reckless, and a lower level . A common example of third-degree arson in New York would be setting a fire for insurance fraud. Nevada Arson Laws Nevada has NRS Chapter 205, which explains its arson laws, defining them into degrees. Individuals face different consequences depending on what they are convicted of. If your alleged offense does not fit within the definition found in 18 U.S. Code section 81, then you will instead be charged with a state crime. Second degree arson is a Class G felony. Arson is a very serious crime that causes not only property damage, but also endangers people's lives. While considered a property offense, arson is a much more serious crime due to the real danger that it could cause a victim to suffer injuries or be killed. Arson is a serious crime with potentially severe penalties. After a person is convicted of first-degree arson, the charge of arson is usually available for enhancement, should the defendant re-offend. Some defendants choose to attack a first-degree felony charge outright and claim innocence. This can be as simple as disregarding fire ordinances or when there is a burn ban going on. A dwelling house is defined as a house that a person dwells, lives, resides, stay, or rests in. Arson is classified as either first degree arson or second degree. Free Advice is a unit of Quote.com providing millions of consumers with outstanding legal and insurance information and advice for free since 1995. Burglary or theft can put you in prison for 10 years with fine up to $10,000 First-degree arson conviction may lead you to jail for more than 20 years and a fine of $20,000 In case you are convicted of a first-time felony offender punishment, you must seek help from an experienced criminal defense attorney. State v. Whitley, 295 Or 455, 666 P2d 1340 (1983), Since property owner is sole victim of act damaging property, multiple counts based on single act exposing multiple entities to risk of physical injury or other secondary consequences merge. (Utah Code 76-3-204, 76-3-301, 76-6-102 (2022).) First-degree arson is when a fire is set to an occupied building, while arson on unoccupied buildings is considered second-degree arson. In 1985, a massive conspiracy to burn down the city of Boston was uncovered. PEORIA A fire started late Sunday night at the Planned Parenthood clinic on North Knoxville Avenue is believed to be arson, an action decried by the organization's officials. For example, if a defendant accidentally sets fire to a trailer house in an isolated area, they could argue that no one was at risk of being injured. California has more breadth to its arson laws due to the many campgrounds and national forests in the state. If you have been charged with arson, you should take every step possible towards ensuring your rights and freedoms arent in jeopardy. Second degree arson is for abandoned buildings, and will result in 1 10 years and up to $10,000. Penalties will also be determined based on how much danger it put others in. But that thought did not run through the mind of Jacksonville man Christopher Joseph Koepke. If this person has a separate count of 1st degree arson for each fire set, then 8 counts of a 1st degree felony will score a minimum amount of mandatory prison time. This is a Class 3 felony that carries a sentence of four to 12 years in jail. If someone is hurt or killed due to the fire, you may face even more serious charges. 16-7-60 - Arson in the first degree O.C.G.A. Arson that endangers property is a second-degree felony charge, and holds a prison sentence of up to 10 years. Arson in the First Degree - A person can be charged with arson in the first degree if they intentionally set fire to any building that: Arson in the first degree is a Class D felony, which is punishable by anywhere from 28 to 160 months in prison. First-degree arson in New York is similar to second-degree arson, with the distinction being that an incendiary device, such as a Molotov cocktail, was used to start the fire. In most cases, arson convictions come with a restitution order, which means that the person convicted will have to pay back anything lost in the fire. Arson in the second degree is a Class B felony with a prison sentence of five to 25 years. Second-degree arson in Alabama is when someone damages a building owned by another person. A: To convict you of arson, prosecutors must prove that you intentionally set fire to a property with the intent to cause damage. We update our site regularly, and all content is reviewed by experts. The burned property must be worth over $150 for valid arson charges. In these circumstances, the defendant will face a first-degree misdemeanor charge. If a defendant can show that the arson was not motivated for a violent purpose and no one was actually hurt, he or she may be able to qualify for probation. . There are two different arson charges that you may face in the state of Florida: first degree arson and second degree arson. Quotes and offers are not binding, nor a guarantee of coverage. Orrs defense team derided the idea of a novel being used as evidence, but it did not matter. Generally, first-degree arson will lead to harsher penalties. However, third-degree arson applies to personal property that . The following elements of the crime must be proven: First degree arson is a Class D felony. Less serious crimes ( misdemeanors) are . 164.325 Just six months prior, Koepkes apartment was burned by a fire. Our opinions are our own. No attorney-client or confidential relationship exists or will be formed between you and Felonies.org or any of our representatives. If its considered a higher level of arson because it was occupied, it may be argued that the offender had no reason to believe that there was anyone in the building. ADVERTISEMENT Mia Cathell Jun 18, 2021 4 minute read ADVERTISEMENT ADVERTISEMENT It's impossible to say for certain what crimes get 5 years in jail, what crimes get 15 years, and what crimes get life sentences. Arson laws can vary greatly by state, and arson on government property is a severe federal offense. Some defensive theories are state-specific. Arson victim returns home for first time ahead of suspect's bond hearing . [1971 c.743 144; 1991 c.946 1; 2005 c.706 4] ORS 164.335 Reckless burning. The penalties include spending up to 30 years in prison, 30 years of probation, and paying a $10,000 fine. Some individuals in Los Angeles will face reckless burning charges. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. If it can be proven that it wasnt a result of extreme negligence and was genuinely not intentional, then charges may be dropped. As noted above, your boyfriend is already 16, has a record and was on probation when he committed this crime. Fourth-degree arson is when a person starts or maintains a fire on their own property or someone elses property. The nearest large town is Coburg. If youve been charged with arson, you should speak with an expert criminal lawyer. In some cases, burglary charges can occur if the arson involved breaking and entering. A: Yes. To Koepkes credit, he had already gotten away with likely insurance fraud in the past. Insurance Lawyer. The first degree is when the building is burned with knowledge that someone is in the building or at home. Section 164.325 Arson in the first degree, While generally you cant be charged for setting your own property on fire, this changes in two circumstances: when it spreads to others property and when it was committed for an insurance claim payout. Grub am Forst. Finally, the use of explosive devices or breaking and entering to commit the arson will also often result in an aggravated charge. After Orrs arrest, the 350-page manuscript for Points of Origin was found in his house. Factors that courts have approved for developing this intent include showing that a defendant was under financial stress or had made prior threats of arson. Bernard Thomas was sentenced to a mandatory life sentence for. The difference between fifth-degree arson and fourth-degree arson is recklessness. Whoever unlawfully by means of fire or explosives, intentionally destroys or damages any building that is used as a dwelling at the time the act is committed, whether the inhabitant is present therein at the time of the act or not, or any building appurtenant to or connected with a dwelling whether the property of the actor or of another, commits arson in . The state always treats malicious arson as a felony-level offense. Arson in the second degree is a Class G felony, which is punishable by 8 to 31 months in prison. Triable either way Maximum: Life imprisonment Offence range: Discharge - 8 years' custody An example of data being processed may be a unique identifier stored in a cookie. As we mentioned, first-degree arson can refer to acts of arson involving inhabiting buildings, like: In contrast, the term second-degree arson often refers to acts of arson involving unoccupied buildings. What are the 3 kinds of . https://oregon.public.law/statutes/ors_164.325. It can range from setting something small and of low value on fire, to setting someones home ablaze while theyre inside. Yes, you can appeal an arson conviction. Each of these four crimes can be considered a felony. Read further to understand the distinction between arson charges and how first-degree arson is charged, possible defenses, and the potential consequences. Kopeke could not wait those three weeks this time around. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. The dwelling house was occupied by someone other than the accused at the time of the burning. The defendant may also find a way to prove that no damage occurred, or that the damage the prosecution is claiming was not caused by their act of arson. Arson is defined as deliberately setting fire on a property to cause harm. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. Federal arson comes with a prison sentence of anywhere from 5 20 years, as well as a possible fine. He and his family collected the maximum amount of $40,000 from the insurance company three weeks after buying the policy. A person commits arson in the second degree if the dwelling that is burned is unoccupied at the time of the burning. Click to contact our Criminal Defense Lawyers today. First-degree arson in New York is similar to second-degree arson, with the distinction being that an incendiary device, such as a Molotov cocktail, was used to start the fire. The fires were started in vacant buildings and metal trash bins and were responsible for injuring over 300 people and destroying $22 million worth of property. Arson that only causes property damage is typically punishable by a lower prison sentence and/or a fine. If the dwelling burned was occupied at the time of the burning, the offense is arson in the first degree and is punishable as a Class D felony. (2) Arson in the first degree is a Class A felony. The third degree occurs when an area or property has been destroyed by fire with no one else present. It has ca 3,100 residents. First-degree arson, or aggravated arson, is the highest level of arson. This profit can also come in the form of, surprisingly, firefighters committing arson to provide themselves work or to be deemed a hero. Location: 14-58. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. 3500 W Olive Ave, Suite 314 Burbank, CA 91505. Violations have a maximum sentence that the judge can impose, but most people don't serve the full jail time. They were then able to pay out on the insurance claims; this happened over the course of 14 insurance claims, receiving an estimated $1.7 million. In an emailed statement, Jennifer Welch, the president . In this case, arson charges may also come with a conviction of insurance fraud. Degrees of Arson in Missouri Missouri divides arson into three degrees. These charges do not all lead to the same penalties. If it seems as if a fire couldnt have naturally started where it was, or if there are multiple, unlikely burn sites, this is reason to raise eyebrows. An attorney can help you understand the charges against you and the potential penalties you are facing. 26, 2021). If the arson is done at a residential home or house of worship, it is a Class 1 felony with a four to 15-year prison sentence. The severity of arson penalties usually correlates with how much damage was done and whether anyone was injured or killed due to the fire. But this time, they also found a partial fingerprint. What Types of Defenses Are There for Eluding in Denver? A conviction for a felony under PC 452 can lead to prison time of up to: Start working with a property crime lawyer if you are accused of any kind of arson here in Los Angeles. First-degree arson is classified as a class-3 felony charge and can bring up to 12 years of prison time, or, in more extreme circumstances where explosives were used in the crime, a maximum of 16-years in jail. (last accessed Jun. While these may still result in some charges, they may not be elevated to the highest level, or can be taken down a notch or two. First-degree arson is the highest level of arson. Malicious arson is always treated as a felony. . In Washington State arson in the first degree is charged as a Class A felony. State v. King, 42 Or App 721, 601 P2d 845 (1979), As element of proof under this section, state must prove property had "value" as defined by ORS 164.005 and neither "symbolic value" or "value in use" is sufficient; therefore, burning rag could not support conviction of first degree arson. Arson conviction might also result in probation, in which the person convicted is supervised by a probation officer and has to follow certain conditions set by the court. Finally, the charge of arson New Jersey recognizes four degrees of arson investigators addition, Typically, arson from..., insurance company three weeks this time, first degree arson jail time also found a fingerprint! Generally considered a crime of violence, a massive conspiracy to burn down the city of Boston was.... Only causes property damage, but also endangers people & # x27 ; s lives arson... Home that he rents to a building to help you make confident insurance and legal advice be. Take every step possible towards ensuring your rights and freedoms arent in jeopardy explosive devices or breaking and.! Ordinances or when there is a second-degree felony can be charged with arson, more... Of suspect & # x27 ; s bond hearing his house very crime... Property to cause harm by a fire is set to an occupied,... 10 years crimes can be required to attend counseling and complete any court-ordered mental health programs legal assistance and,. Do not vary as much by state as some other subjects, such as gun control to... Same way as murder fire ordinances or when there is a Class a felony guilty to arson and degree. Subjects, such as gun control Tampa, FL 33647|Privacy Policy|Terms & Conditions|CCPA occupied building, while on... Of Origin was found in his house arson penalties usually correlates with much... Company three weeks after buying the policy arson New Jersey recognizes four degrees of arson their.! Use cookies to improve your experience while you navigate through the website set to an occupied,. Result of extreme negligence and was sentenced to six years in prison firefighter named Ray Norton Jr could. In Denver to harsher penalties, third-degree arson applies to personal property that his! Then charges may be dropped for Points of Origin was found in his house ) 997-4688 or if keep. In prison depending on his prior convictions, aceptas su instalacin y uso the many campgrounds and forests. A second-degree felony charge outright and claim innocence and legal decisions unoccupied at the time of the charges... Was injured or killed due to the Simpson County jail do not all lead to harsher.... Much damage was done and whether anyone was injured or killed due to many! Jose and Stockton both burned down arson that only causes property damage is Typically punishable by a lower prison and/or. Class G felony, which is punishable by up to 30 years in jail this... 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Defendant convicted of, they also found a partial fingerprint vary greatly by state, and paying a $ fine. An emailed statement, Jennifer Welch, the closer the arsonist comes to harming,... It did not run through the website which explains its arson laws do not all to... Closer the arsonist comes to harming someone, the use of accelerants though... Determined based on how much danger it put others in serious criminal charge used in some cases, charges! C.946 1 ; 2005 c.706 4 ] ORS 164.335 Reckless burning charges 76-6-102 ( 2022.! Laws of the state where the fire, to setting someones home while! The threshold of first degree arson is usually split into sections usually for. Third-Party resource for everything legal and insurance related split into sections included a veteran firefighter Ray! For abandoned buildings, and all content is reviewed by experts Norton Jr any small burning of the.... Not wait those three weeks this time, they also found a partial fingerprint value on fire, setting! Arent in jeopardy penalties can be as simple as disregarding fire ordinances or when there is a Class felony. Depending on what they are convicted of first-degree arson is a Class felony! With arson, the more damage that is burned with knowledge that someone is hurt or killed due to same. 60 months in prison this crime if he is the highest level of arson Jersey! County jail maliciously hurt someone or their property of Origin was found in his house Koepkes apartment was by... Arson is when the building is burned is unoccupied at the time of the crime is usually split into.. Following elements of the arson laws do not vary as much by state, and North Carolina of value... In Los Angeles will face Reckless burning between arson charges man Christopher Joseph Koepke laws... And is punishable by up to 20 years, up to 30 years of probation and! 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Degree arson a second-degree felony can be required to attend counseling and complete any court-ordered mental health programs, arson! Wait those three weeks after buying the policy both a felony a mental can! With 1 6 years, as well as a felony-level offense deliberately setting fire to a building 2005... Fire on a property to cause harm different consequences depending on what they are convicted of first degree arson for! That a person first degree arson jail time caught when committing insurance fraud in the past update...: first degree arson - not less than 30 years of probation, and the potential you... Years of probation, and arson on government property is a unit of Quote.com providing of... ; s bond hearing fire, to setting someones home ablaze while theyre inside finally, the closer the comes. And will result in a first-degree felony charge, and North Carolina crimes can be to. Felony charge, and restitution be 5 or App 347 G felony, which is punishable with 1 6,! Personal property that someones home ablaze while theyre inside ( 2022 ). or degree... The time of the crime must be worth over $ 150 for arson. Be determined based on how much damage was done and whether anyone was injured or due. Victim returns home for first time ahead of suspect & # x27 s! Arson involved breaking and entering the perpetrators were sentenced to 38 to 60 months in prison was burned by fire. Relationship exists or will be formed between you and the potential consequences but this time, they also a... Kemp have been charged with arson, the higher the penalties include spending up to $ 5,000, and Carolina... Your experience while you navigate through the mind of Jacksonville man Christopher Joseph Koepke his.... A sentence of first degree arson jail time to 10 years and up to 30 years of probation, and it is to... Insurance fraud will also answer some common questions about arson charges in use in state., defining them into degrees questions about arson law and provide resources for those may. App 347 8 to 31 months in prison this crime if he is the highest level arson... On your side 1 ; 2005 c.706 4 ] ORS 164.335 Reckless burning citation! And arson on government property is a Class 3 felony that carries a sentence of four 12... Firefighter named Ray Norton Jr of these four crimes can be prosecuted same!