CRIMES AGAINST PROPERTY
If any person maliciously
- burns, or by use of any explosive device or substance destroys, in whole or in part, or causes to be burned or destroyed, or
- aids, counsels or procures the burning or destruction of any dwelling house or manufactured home whether belonging to himself or another, or any occupied hotel, hospital, mental health facility, or other house in which persons usually dwell or lodge, any occupied railroad car, boat, vessel, or river craft in which persons usually dwell or lodge, or any occupied jail or prison, or any occupied church or occupied building owned or leased by a church that is immediately adjacent to a church,
- he shall be guilty of a felony, punishable by imprisonment for life or for any period not less than five years and, subject to subdivision g of § 18.2-10, a fine of not more than $100,000.
“To establish arson, the Commonwealth must prove the fire was of incendiary origin and the accused was the guilty agent in the burning. Augustine v.Commonwealth, 220 Va. 120 (1983). Representation by criminal defense attorney is always recommended.