Under Arson of dwelling house, which of the following would NOT be included?

Under Arson of dwelling house, which of the following would NOT be included?

• A. Unoccupied hotel
• B. Occupied hotel
• C. A dwelling house
• D. Manufactured home

Answer: (A)

The key idea is what counts as a “dwelling” for the arson of dwelling house offense. The statute targets buildings that are used as a home. A dwelling house includes typical residences and other places people designate as their home, like a manufactured home. A hotel is not a dwelling unless someone actually uses it as their residence. When a hotel is unoccupied, it isn’t being used as a home, so it isn’t covered by arson of dwelling house. If a hotel is occupied and people live there as their home, it could fall under the dwelling house charge. That’s why the unoccupied hotel is the one that would not be included.

The key idea is what counts as a “dwelling” for the arson of dwelling house offense. The statute targets buildings that are used as a home. A dwelling house includes typical residences and other places people designate as their home, like a manufactured home. A hotel is not a dwelling unless someone actually uses it as their residence. When a hotel is unoccupied, it isn’t being used as a home, so it isn’t covered by arson of dwelling house. If a hotel is occupied and people live there as their home, it could fall under the dwelling house charge. That’s why the unoccupied hotel is the one that would not be included.