Negligent Burning; Defined and Punished

9 GCA § 34.40 — under Arson, Negligent Burning, Criminal Mischief.

9 GCA § 34.40

(a) A person is guilty of negligent burning if he: (1) negligently starts a fire or causes an explosion whether on his own property, another’s property, or forest land, and thereby negligently endangers human life, or negligently places the property of another, or forest land, in danger of damage or destruction; or

COL 2026-04-23

(2) having started a fire, whether negligently or not, and knowing that its spread will endanger the life or property of another, or forest land, either fails to take reasonable measures to put out or control the fire, or fails to give a prompt fire alarm. (b) Negligent burning is a misdemeanor. If a person guilty of negligent burning is offered Alternative Service Restitution in accordance with Article 6 of Chapter 80, 9 GCA, the restoration of forest lands is an allowable form of restitution or alternative community service. SOURCE: See G.P.C. § 384; M.P.C. § 220.3; *Cal. § 2803 (T.D.1 1967); Mass. ch. 266, § 1; N.J. § 2C:17-1(a). Amended by P.L. 35-134:4 (Dec. 29, 2020). CROSS-REFERENCES: 9 GCA § 4.30.