Introductory Problem 

Rob Runner is a high school student.  He recently tried out for the track team at his high school but did not make the cut.  He was very angry at that decision, believing that he deserved to make the squad.  To get back at the coach and the school, he decided to set fire to the school bus that the sports teams use to travel to meets out of town. 

The bus, which belongs to the school, is regularly parked just inside a large fence that surrounds the school complex.  The complex contains a large building as well as several parking lots, a field, a football stadium, tennis courts, etc.  Vehicles, including the school bus, are parked on a far corner of the property, fairly far away from the school itself. 

At 6 a.m. one morning, Rob entered the school property, took a home-made firestarter, lighted it and tossed it into the bus through a partially open window.   A homeless teenager, who had been sleeping in the bus, was awakened by the smoke and tried to get out of the bus.  In his rush to do so, he sprained his ankle.  A school security guard, who had just arrived for work, saw smoke coming from the bus and called 911.  He then went to the area of the bus, took a fire extinguisher from his trunk and attempted to use the extinguisher.  He cut his hand when the extinguisher failed to operate properly.  By that time, firefighters arrived and put out the fire. 

A security camera in the lot got a picture of Rob setting the fire and he has been arrested.  Advise the prosecutor whether he can be successfully charged under either of the statutes set out below (do not address possible criminal liability under any other statutes). 

DO NOT do any research on this problem.  Instead, carefully read the facts and the statutes.  What can you conclude?  What else do you need to know?  How would you go about finding the answers to these questions?  What is it you are really trying to figure out? 

5/20-1. Arson

§ 20-1. Arson.
A person commits arson when, by means of fire or explosive, he knowingly:

(a) Damages any real property, or any personal property having a value of $150 or more, of another without his consent; or

(b) With intent to defraud an insurer, damages any property or any personal property having a value of $150 or more.

Property "of another" means a building or other property, whether real or personal, in which a person other than the offender has an interest which the offender has no authority to defeat or impair, even though the offender may also have an interest in the building or property.

(c) Sentence.

Arson is a Class 2 felony.

§ 20-1.1. Aggravated Arson.

(a) A person commits aggravated arson when in the course of committing arson he or she knowingly damages, partially or totally, any building or structure, including any adjacent building or structure, including all or any part of a school building, house trailer, watercraft, motor vehicle, or railroad car, and (1) he knows or reasonably should know that one or more persons are present therein or (2) any person suffers great bodily harm, or permanent disability or disfigurement as a result of the fire or explosion or (3) a fireman or policeman who is present at the scene acting in the line of duty, is injured as a result of the fire or explosion. For purposes of this Section, property "of another" means a building or other property, whether real or personal, in which a person other than the offender has an interest that the offender has no authority to defeat or impair, even though the offender may also have an interest in the building or property; and "school building" means any public or private preschool, elementary or secondary school, community college, college, or university.

(b) Sentence. Aggravated arson is a Class X felony.