People v. L. T.

Opinion

MOSK, J. Defendant and appellant L. T. burned cardboard inside of a trash can located at her school. She argues that her rights were violated when the trial court sustained an arson allegation against her because the trash was not property of another for the purposes of the crime of arson (Pen. Code, [264]§ 451, subd. (d)).1 We hold that trash constitutes property under section 451 and that the crime of arson only required proof that the property L. T. burned did not belong to her. Therefore, we affirm the judgment.

Factual Background

A petition was filed under Welfare and Institutions Code section 602 alleging that L. T., a minor, committed the crime of arson in violation of section 451, subdivision (d). Walter J., a student who attended Charles Drew Middle School with L. T., testified that he saw L. T., who was holding a lighter, put her hand inside a trash can that was located on school premises. He said that his friend “saw the whole trash can bum,” but Walter J. said that . he only saw cardboard inside of the trash can on fire.

L. T.’s counsel moved under Welfare and Institutions Code section 701.1 to dismiss the petition on the ground that there was no violation of the arson statute because L. T. burned only the cardboard^inside the trash can, and the cardboard was not the property of another. The prosecutor said that the cardboard “was property that belonged to Drew Middle School and that neither the minor nor anyone else had the right to bum that property.” Stating that the “trash belonged to the school” and that “trash can be property,” the trial court denied the motion.

Discussion

L. T. argues that she did not commit arson because she did not bum the property of another. She contends that she merely burned trash, and that trash is not “property” that belongs to anyone. The People contend that the trash L. T. burned was “property” that did not belong to her; hence, she committed arson when she burned it. We agree with the People.

Section 451 provides in pertinent part: “A person is guilty of arson when he or she willfully and maliciously sets fire to or bums or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property, [f ] . . . [If] (d) . . . For purposes of this paragraph, arson of property does not include one burning or causing to be burned his or her own personal property unless there is an intent to defraud or there is injury to another person or another person’s structure, forest land, or property.” Thus, arson is committed when the “property” burned does not belong to the person causing the fire.