My 12 year old son and his friend made a fire-pit out of an old rubber tire by filling it with pine straw and lighting it (they thought they had contained the fire). They later extinguished the fire, or thought they had, and went to play. The fire reignited and burned a neighbors shed. My son addmitted his part, the other boy did not. My son was arrested and is being charged with simple arson. I know we are liable for the damage and will pay 100% since the other boys dad refuses to pay any. My question is; is it arson if there was absolutely no malicious intent? Only boys doing careless boy things that they should not have been doing. My son has been torn up about this, he really likes the lady whose shed burned down, and he has lost his best friend, must he be charged as a criminal too? His court date is coming soon. Any advice would be great. Thank you.
You need an attorney. Criminal intent is necessary unless his level of negligence rises to the level to supply that intent. From what you wrote, it does not sound like a crime to me.
