Aaron Klemz wrote:

> Starting a fire accidently is not illegal. To be
> prosecuted for arson requires that you start the fire
> intentionally. Here's the statute for fifth degree
> arson - the word "intentionally" appears in all of the
> different arson statutes.
> 
> "609.5632 Arson in the fifth degree.
> Whoever intentionally by means of fire or explosives
> sets fire to or burns or causes to be burned any real
> or personal property of value is guilty of a
> misdemeanor ..."

Although I'm not an attorney, I'd expect that in
some cases negligent homicide charges could be
prosecuted.

> Many people burn down homes through recreational
> activities. Are we going to prosecute people who
> accidently burn down their home using a turkey fryer?
>
> http://www.cpsc.gov/cpscpub/prerel/prhtml04/04041.html
> 
> And don't we all know that turkey fryers cause fires? 

The difference between turkey fryers and cigarettes is
that most of us are aware that cigarettes and other
smoking materials cause burns and fires:

"According to the National Fire Protection Association, 
approximately 250,000 house fires per year are caused 
by careless disposal of cigarettes or other smoking 
materials. Nearly 2,000 people tragically and needlessly 
lose their lives in these fires.
http://phoenix.gov/FIRE/smokers.html

"Cigarette smoking is the single most likely cause of fatal 
house fires..."
www.kidcheck.org/er/er3.html

And if you didn't know, you do now.  I don't think that
it's acceptable to say, "I'm sorry" when the "accident"
involves death of an innocent person (if only the smoker
dies that's an other story: they were taking an "acceptable"
risk to pursue their addiction).

There is a certain lack of accountability in our society,
all the way from Enron to tailgating.  How many fools are
there in Minneapolis that don't realize that riding someone's
bumper in a snow storm can result in serious injury? 

Michael Atherton
Prospect Park


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