Certified Protection Professional (CPP) Practice Exam

The element that is not considered part of the common law crime of arson is the notion of a commercial building. In the context of common law, arson primarily involves the unlawful and intentional burning of certain types of structures. This includes any property that is legally recognized, which typically encompasses residential property and even outbuildings associated with a residence.

However, under common law, the focus is primarily on the malicious intent to burn and the act of causing a fire that damages or destroys property. The legal definitions of arson generally require that the intent to cause harm through fire exists, along with the actual burning of the property. While commercial buildings can be targets of arson, the original legal definitions and the focus of common law did not specifically categorize commercial properties as a necessary element of arson. Therefore, the inclusion of commercial buildings as a required component of arson under common law is not accurate.

By highlighting the intent to cause a fire and the act of maliciously damaging or destroying property as essential, it’s clear that while commercial buildings can be affected by arson, they are not a prerequisite for defining the crime itself.