Should fires of suspicious or unknown origin be counted as arson?

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Fires of suspicious or unknown origin should not be counted as arson unless there is clear evidence that they were intentionally set. The Clery Act requires institutions to report specific criminal incidents, including arson, which is defined as the willful and malicious burning or exploding of property. If the origin of a fire is suspicious or unknown, it does not automatically indicate malicious intent, and without evidence of such, classifying it as arson could lead to inaccurate reporting.

Fires that are simply suspicious or unknown in origin may require further investigation to determine the cause and whether there was any intent to cause damage. Reporting such fires as arson could misrepresent the safety and crime statistics of the institution. It's essential to base the classification on factual evidence and not on speculation or the mere nature of the fire being unusual or unexplained.

Additionally, fires that are accidental or result from non-malicious causes, even if they appear suspicious, would not fit the legal definition of arson and therefore should not be included in the statistics for that category. This understanding helps maintain accurate record-keeping and compliance with federal regulations pertaining to campus safety and reporting.

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