Certified Fire Investigator Practice Exam

What constitutes a guilty act for 455 (Attempted Arson)?

1. Calling emergency services

2. Attempting to set fire to a structure

3. Having a fire safety plan

4. Being present at a fire scene

The correct answer is: Attempting to set fire to a structure

The definition of a guilty act in the context of attempted arson revolves around the actual intention and actions taken toward committing the crime. In this case, attempting to set fire to a structure directly aligns with the elements of attempted arson, which inherently includes the intention to set a fire and the actions that demonstrate that intent. When someone makes an attempt to set fire to a structure, it indicates a clear step taken toward committing arson, even if the actual fire was not successfully started. This act demonstrates both the mens rea, or intent to commit the crime, and the actus reus, which is the physical act of attempting to cause the fire. Other options such as calling emergency services, having a fire safety plan, or simply being present at a fire scene do not demonstrate intent or action toward committing arson. Instead, they often reflect actions that either prevent a fire or mitigate harm, rather than an attempt to start a fire. Therefore, attempting to set fire to a structure is the most accurate representation of a guilty act in this scenario.