Lives are lost and property is damaged every year as a result of juvenile firesetting. Your child and others may be scarred forever… work and life style may be changed forever. You, as a parent or caregiver, have an important role in ensuring the fire safety of your family and the community. Many children do not understand the legal consequences of setting fires. In fact, you may also be unaware of the criminal charges your son or daughter may face if they set a fire. In some cases, you may also be held financially responsible for your child’s behavior.

This section of our website is designed to inform parents and children about their liability and responsibility in the event of juvenile firesetting. We hope it will give you some practical information on why a child sets fires and what to do if your child is engaging in firesetting activity.  We - parents, firefighters, law enforcement officers, community service providers - all have the same goal: to keep you, your family, and the community safe from fire.

If you need help dealing with the situation, don't be afraid to ask for it.  The Fire District is always willing to help with situations like this, but there are also other private groups that are more than capable of assisting.  Burns Recovered Support Group is a great resource.  They have a Youth Fire Prevention Program which uses positive methods to educate kids who've set fires for various reasons.

Many children have a natural curiosity about fire and how it works. However, if young children persist in inappropriate interest/behavior with fire (fireplay), it may be that they need more attention or supervision. Other children may be upset about what is happening in their lives - at home or in school - and firesetting may be an expression of their feelings. Children with certain characteristics, such as hyperactivity or impulsivity, may set fires as part of their involvement with their peer group.

Finally, for some children firesetting may be a sign of severe emotional disturbance.  Since the cause of fire setting can be complex, each child needs to be assessed for the specific circumstances or problems which are contributing to this behavior. Early, strategic intervention is needed to prevent the problem from escalating and to improve the chances of success.

Yes, it is possible and depends upon the totality of circumstances.  Here are some examples of fire crimes under Missouri law:

569.040 ARSON IN THE FIRST DEGREE

1. A person commits the crime of arson in the first degree when he or she:

(1) Knowingly damages a building or inhabitable structure, and when any person is then present or in near proximity thereto, by starting a fire or causing an explosion and thereby recklessly places such person in danger of death or serious physical injury; or

(2) By starting a fire or explosion, damages a building or inhabitable structure in an attempt to produce methamphetamine.

2. Arson in the first degree is a class B felony unless a person has suffered serious physical injury or has died as a result of the fire or explosion set by the defendant or as a result of fire or explosion started in an attempt by the defendant to produce methamphetamine, in which case arson in the first degree is a class A felony.

569/050 ARSON IN THE SECOND DEGREE

1. A person commits the crime of arson in the second degree when he knowingly damages a building or inhabitable structure by starting a fire or causing an explosion.

2. A person does commit a crime under this section if:

(1) No person other than himself has a possessory, proprietary or security interest in the damaged building, or if other persons have those interests, all of them consented to his conduct; and

(2) His sole purpose was to destroy or damage the building for a lawful and proper purpose.

3. The defendant shall have the burden of injecting the issue under subsection 2 of this section.

4. Arson in the second degree is a class C felon unless a person has suffered serious s physical injury or has died as a result of the fire or explosion set by the defendant in which case arson in the second
degree is a class B felony.

569.055. KNOWINGLY BURNING OR EXPLODING

1. A person commits the crime of knowingly burning or exploding when he knowingly damages property of another by starting a fire or causing an explosion.

2. Knowingly burning or exploding is a class D felony.

569.060 RECKLESS BURNING OR EXPLODING

1. A person commits the crime of reckless burning or exploding when he knowingly starts a fire or causes an explosion and thereby reck-lessly damages or destroys a building or an inhabitable structure of another.

2. Reckless burning or exploding is a class A misdemeanor.

569.065 NEGLIGENT BURNING OR EXPLODING

1. A person commits the crime of negligent burning or exploding when he with criminal negligence causes damage to property of
another by fire or explosion.

2. Negligent burning or exploding is a lass B misdemeanor.

569.067 FIRE, NEGLIGENCE IN SETTING OR ALLOWING TO ESCAPE ON CROPLAND, GRASSLAND, MARSH, PRAIRIE, WOODLAND

1.A person commits the crime of negligently setting fire to a wood-land, cropland, grassland, prairie or marsh when he with criminal negligence causes damage to a woodland, cropland, grassland, prairie or marsh of another by starting afire.

2. A person commits the crime of negligently allowing a fire to es-cape when he with criminal negligence allows a fire burning on lands in his possession or control to escape onto property of another.

3.Negligently setting fire to a woodland, cropland, grassland, prairie or marsh or negligently allowing a fire to escape is a class B misde-meanor.

211.132 PARENT, GUARDIAN MAY BE MADE PART TO PROCEEDING

The court may make a parent or guardian a party to any proceeding where the court has jurisdiction pursuant to section 211.031.

211.134

1. The court may require a parent or guarding of a child o participate in any activity the court finds is necessary to carry out the purposes of the juvenile code as stated in section 211.011, including, but not limited to:

(1) Requiring the parent or guardian to attend counseling sessions; and

(2) Requiring the parent or guardian to participate in any institutional treatment program, including attendance at the institution where the child resides.

2. The court may order the parent or guarding to support the child committed for institutionalization by paying the reasonable costs of support, maintenance and treatment of the child that the parent is financially able to pay.

211.185 COURT MAY ORDER PARENTS AND CHILD TO MAKE RESTITUTION, WHEN, AMOUNT - RESTITUTION HEARING REQUIRED, WHEN PROCEDURE - COMMU-NITY SERVICE - EXECUTION OF JUDGMENT.

1. In addition to the court’s authority to issue an order for the child to make restitution or reparation for the damage or loss caused by his offense as provided in section 211.181, the court may enter a judgment of restitution against both the parent and the child pursuant to the provision of this section in the court finds that the parent has failed to exercise reasonable parental discipline or authority to prevent the damage or loss.

2. In addition, all other elements relating to this charge are still in effect.

•  Set firm rules that youths are not to touch matches, lighters, the stove, camp fires, barbecue lighters, flares, fireworks or any other object that could potentially set a fire.

•  Forbid children to touch or play with cigarettes and cigarette butts.

•  Instruct children to tell you immediately if they find lighters or matches. Firesetters should never be told to pick them up and give them to a parent or caregiver.

•  Forbid firesetting children to watch shows or videos with provocative fire themes.

•  Inform firesetting children that you will engage in random searches of their pockets, backpacks and room searches for caches of matches and lighter.

•  Inform firesetters of these fire safety rules and decide on the consequences of breaking them. Discuss the rules and consequences with the youth to check for understanding.

•  Give permission to all children in the home to tell on someone who is engaging in misuse of fire.

•  Acknowledge and reward the child who has abstained from inappropriate behavior/interest in fire (fireplay) or firesetting activity for a predetermined period of time. A monthly contract works well.

1. Install smoke alarms in the child’s bedroom, closet, hallways and common living areas.

2. Teach the child to check every month o see if the smoke alarm is working.

3. Have a 5 lb. ABC dry chemical fire extinguisher accessible on every level of the house, near the child’s bedroom and kitchen.

4. Remove all matches, lighters, and BBQ lighters from the home or keep them in a locked cabinet.

5. Smokers should use only child-resistant lighters and keep them on their person or locked in a cabinet.

6. Empty ashtrays into metal containers before going to bed.

7. Store all flammable chemicals such as aerosol cans, turpentine, gasoline, lighter fluid, paint thinner or charcoal starter fluids in a locked cabinet.

8. Remove closet doors to avoid a hiding place.

9. Increase supervision for firesetting children. Do not let them play alone or play unsupervised in other homes where matches and lighters are easily available.

10. Prohibit the use of incense, candles and cigarettes.