In the kerosene-related scenario, which charge best fits the facts given the intent to burn?

• A. Arson
• B. Possession of flammable materials
• C. Attempted arson
• D. Criminal mischief

Answer: (B)

Having kerosene with the plan to burn shows control of a dangerous material and intent, but no actual fire or substantial step toward starting one has occurred. In this situation, the most fitting charge is possession of flammable materials, because possession of such materials can be criminalized when there’s intent to misuse them, even without a completed arson or an overt attempt. Arson requires that a fire has been set or that there’s an imminent burning act; attempted arson requires a substantial step toward committing that act. Criminal mischief involves damaging someone’s property, which isn’t shown here. So the possession of flammable materials best matches the facts.