• There were four common law elements of arson: (1)

malicious (2) burning (3) of a dwelling (4) of another.

• The actus reus of arson today is damage by fire or explosion.

• Smoke damage, without visible charring, may satisfy the actus reus of arson.

• The mens rea of arson varies by statute, but it typically requires intent or knowledge.

• Criminal mischief was called “malicious mischief”

under common law.

• The actus reus of criminal mischief depends on the law in question, but it usually consists of defacement, damage, or destruction of property.

• The mens rea of criminal mischief requires some level of intent, anything from “purpose” to simple “knowledge.”

• The actus reus of vandalism is similar to that for criminal mischief, and typically applies to damage to or defacement of property.
• The mens rea of vandalism is also similar to that for criminal mischief and arson: some degree of intent or knowledge.

Questions:-

1. Compare and contrast common law arson with modern-
day arson.
2. Can criminal mischief occur without damage? If so, how?
3. Compare and contrast vandalism and criminal mischief.