18 U.S.C. § 1855: Timber set afire

Summary

Anyone who intentionally and without permission sets fire to trees, brush, grass, or other flammable material on public lands, on lands owned, leased, or under U.S. control (including lands under contract to be bought or under condemnation), on Indian reservations or tribal lands, or on Indian allotments held in trust or not freely transferable can be punished. They can be fined under federal law, jailed for up to five years, or both. The rule does not apply when an allottee sets a fire while reasonably exercising their rights on their allotment.

Title 18, §1855

Crimes and Criminal Procedure, Source: USLM XML via OLRC

Whoever, willfully and without authority, sets on fire any timber, underbrush, or grass or other inflammable material upon the public domain or upon any lands owned or leased by or under the partial, concurrent, or exclusive jurisdiction of the United States, or under contract for purchase or for the acquisition of which condemnation proceedings have been instituted, or upon any Indian reservation or lands belonging to or occupied by any tribe or group of Indians under authority of the United States, or upon any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be fined under this title or imprisoned not more than five years, or both. This section shall not apply in the case of a fire set by an allottee in the reasonable exercise of his proprietary rights in the allotment.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 106 (Mar. 4, 1909, ch. 321, § 52, 35 Stat. 1098; Nov. 15, 1941, ch. 472, § 1, 55 Stat. 763). Surplus verbiage and unnecessary enumerations were omitted. Words “without authority” were inserted near beginning of section so as to remove any doubt as to scope or meaning of section. Reference to persons causing or procuring was omitted as unnecessary in view of definition of “principal” in section 2 of this title. Minor verbal changes were made.

Editorial Notes

Amendments

1988—Pub. L. 100–690 substituted “under this title” for “not more than $5,000” in first par.

§1855 Timber Set Afire