Delinquency Case Law

In re L.T. (Oct. 30, 2002) 103 Cal.App.4th 262 [126 Cal.Rptr.2d 778]. Court of Appeal, Second District, Division 5.

The juvenile court held that the youth had committed arson in violation of Penal Code section 451(d) by burning property that did not belong to her and denied the child’s motion to dismiss the petition. The child burned some cardboard inside a trash can located on school premises. A petition was filed under Welfare and Institutions Code section 602 alleging that the youth had committed arson in violation of Penal Code section 451(d). The youth’s counsel moved to dismiss the petition under Welfare and Institutions Code section 701.1, on the ground that the youth had not violated the statute because the cardboard located inside the trash can was not the property of another. The juvenile court concluded that trash could be property and that it was the school’s property under the circumstances, and denied the motion to dismiss the petition. On appeal, the youth reiterated her contention that she did not commit arson because she did not burn the property of another. She maintained that trash is not property that belongs to anyone.

The Court of Appeal concluded that trash is property and since the trash did not belong to the youth, the youth committed arson by setting it on fire. Penal Code section 451 states that a person is guilty of arson when he or she willfully and maliciously sets fire to or burns any structure, forest land, or property. Subdivision (d) excludes the burning of one’s own personal property from the definition of arson unless there is an intent to defraud or any injury to another person or another person’s structure, forest land, or property. The appellate court reasoned that such language means that arson is committed when the property burned does not belong to the person causing the fire. The appellate court rejected arguments by the youth’s counsel that the statute should be construed so that a violation only occurs when the trash belongs to someone other than the defendant, finding that there was no such requirement in the language of section 451(d).

The appellate court further concluded that trash constitutes “property” under the language of the Penal Code. The Penal Code defines “property” as including “personal property,” which in turn, includes “money, goods, chattels, things in action, and evidences of debt.” (§ 7, subds. 10, 12; accord Civ. Code, § 14, subd. 3.) “Goods” and “chattels” are defined as things that are visible, tangible, and movable. The appellate court found that trash fits within this definition. Therefore, since there was no requirement in the Penal Code that the object burned must belong to anyone, the appellate court concluded that, regardless of whom the trash actually belonged to (the school, city, etc.), the fact remained that it did not belong to the youth. Accordingly, the appellate court found that the youth had committed arson by burning property not belonging to her.