People v. Lee

Here we hold that arson of an inhabited structure or property (Pen. Code, § 451, subd. (b)) 1 is a general intent crime.

Paul Hyun Lee appeals from a judgment, following court trial, of one count of arson of an inhabited structure or property (§ 451, subd. (b)) and *661 one count of arson of property of another (§ 451, subd. (d)). He asserts that the trial court erred in holding that arson of a structure under section 451 is a general intent crime. [[/]] * We affirm the judgment.

Facts

Ventura County Sheriff’s Officer John Steele was called to the scene of a fire in a residence. When he entered the house, he had difficulty seeing due to the smoke. When he called out, appellant responded and emerged from within the house. Officer Steele questioned appellant outside the house and appellant said that he had started fires in his bedroom and by the front door. He said several times that his reason for setting the fires was to kill himself. Appellant appeared confused and seemed to respond somewhat strangely. He gave contradictory answers about whether he intended to kill himself and whether he knew where he lived. The officer thought appellant had mental problems.

The…