In Re Jh

A person is guilty of arson if he or she "willfully and maliciously sets fire to or burns or causes to be burned" any structure, forest land, or property. (Pen. Code, § 451.) [1] The juvenile court found a minor was guilty of arson after the minor and his friends lit a firecracker (a "cherry bomb") in a wooded area and caused a fire that burned five acres of forest land. Although the court found that the minors "had no intention to set the hill on fire" and were "basically good kids" who were "playing with firecrackers," the court concluded that, under People v. Atkins (2001) 25 Cal.4th 76 [ 104 Cal.Rptr.2d 738 , 18 P.3d 660 ] ( Atkins ), "[a]ll they had to do is intend to light the firecracker. . ." in order to be guilty of arson.

We conclude the juvenile court misapplied the principles stated in Atkins , and there was no evidence that the act that caused the fire was done with the requisite mental state, i.e., maliciously. The trial court should have found the minor guilty of the lesser included offense of unlawfully causing a fire, and we modify the judgment accordingly.

On July 22, 2008, the Los Angeles County District Attorney filed a two-count petition…