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PROP.
66 MAINTAINS STIFF PENALTIES FOR ARSON
ARSON
OF A DWELLING OR WHERE GREAT BODILY INJURY
OCCURS WOULD STILL BE STRIKES
ARSON
WITHOUT INJURY OR TO A BUILDING WOULD STILL
BRING STIFF PRISON SENTENCES
PROP.
66 WILL REDUCE THE BILLIONS OF DOLLARS WASTED ON
KEEPING NONVIOLENT OFFENDERS IN JAIL FOR LIFE
Under
existing law, all arsons count as serious
felonies, even ones involving non-residential
structures and person property, like cars.
This
has led to a life sentence in prison for a young
man who SET A TRASH CAN ON FIRE!
Clearly,
this is not the type of crime that the Three
Strikes law was intended to cover.
Under
Prop. 66, the following arson crimes will
continue to be strikes:
1. Arson that causes great bodily injury is
a felony punishable by imprisonment in the state
prison for five, seven, or nine years.
2. Arson that causes an inhabited structure
or inhabited property to burn is a felony
punishable by imprisonment in the state prison
for three, five or eight years.
“Inhabited”
includes “currently being used for dwelling
purposes whether occupied or not.” Burning
down a person's house while he is on vacation
would still qualify as a strike under Prop. 66
Prop. 66
protects firefighters: injuries to firefighters
would still be “strikes”
If
a firefighter sustains great bodily injury
fighting a fire – whether it be in an
uninhabited residence, a forest, or a car - that
arises from a crime of arson, that
would still count as a strike.
Arson
that causes great bodily injury and arson of an
inhabited structure or property are independent
strikes under Prop. 66.
Prop.
66 would provide that only residential arsons
and ones causing great bodily injury count as
serious felonies. Other types of arson will
still be punished with stiff sentences, but will
not qualify for the life sentence enhancements.
Prop.
66 will impose a punishment on a 1st
offense for a property or structural arson of 1
1/2 years to 6 years, depending on the specific
crime.
After
a first offense the person is required for
varying periods of time to register as an
arsonist, the same as if they were a sex
offender.
A
2nd offense would result in a 4 1/2
to 11 years sentence depending on the specific
crime.
A
3rd offense would result in
additional enhancements, resulting in a 7 1/2 to
16 year sentence.
No
plea bargains are allowed for any 2nd
arson offense. |