Which offense best fits the scenario in which a person possessing glass bottles, a container of kerosene, and strips of cloth, along with a strong odor of kerosene, is discovered after declaring intent to burn someone's house?

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

Answer: (B)

The key idea here is possession of materials used to commit arson. Having glass bottles, kerosene, cloth, and a strong kerosene odor, along with declaring an intent to burn a house, shows access to the means and plan to carry out an arson attack. This combination is punished as possession of flammable materials or possession with intent to commit arson, even if the fire hasn’t started yet, because the person is prepared to use those materials for arson.

Arson would require actually setting a fire or taking a concrete step toward doing so, which isn’t demonstrated by possession and a stated intention alone. An attempted arson charge also needs a substantial step toward the Crime of arson, beyond mere preparation, which isn’t clearly shown here. Criminal mischief involves damaging property, not specifically possessing materials to start a fire.