“Willful and malicious” cherry bomb usage

January 9, 2013

  • 211 Infants
  • 211XV Juvenile Justice
  • 211XV(B) Particular Offenses or Violations and Defenses Thereto
  • 211k2462 k. Arson and malicious mischief.

211 InfantsJuveniles’ intentional conduct of setting fire to and throwing a large “cherry bomb” that exploded in dry brush, causing a fire, was willful and malicious, as required to support arson finding, even if juveniles did not intend to set hillside on fire, where juveniles knew that their intentional acts created a fire hazard and were aware of facts that would lead a reasonable person to realize that the direct, natural, and highly probable consequence of throwing a lit firecracker from their location would be its landing in the dry brush short of the concrete area and causing a fire.
In re V.V., 252 P.3d 979 (Cal. 2011)
Suggested by Robert B. Jacobs, Attorney; Law Office of Robert B. Jacobs; Pleasanton, CA