Assignment task: Kip is a student at SMC. One Sunday night, Kip went to a party near campus where he drank three beers. Kip left the party with a friend at around 11:00 p.m. They walked to the SMC campus, where they sat on a bench to smoke a joint (cannabis). Kip joked that it would be funny if he lit the new Student Services building on fire and his friend laughed. Kip and his friend noticed campus police coming toward them; they jumped up and began running to leave campus. Kip tossed the lit joint in a trash bin outside of the Student Services building. The next day, campus was closed due to a massive fire that destroyed most of the Student Services building. Investigators believe the fire started in the trash bin at around 11:30 p.m. on Sunday.
California Penal Code section 451 states in relevant part:
A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property.
California Penal Code section 452 states in relevant part:
A person is guilty of unlawfully causing a fire when he [or she] recklessly sets fire to or burns or causes to be burned, any structure, forest land or property.
1. Which section of the California Penal Code has Kip likely violated? Your answer should demonstrate that you can distinguish between the two standards of mens rea under each code section.
2. In your opinion, is Kip guilty of a felony or misdemeanor. Your answer should demonstrate an understanding of felony and misdemeanor and one rationale for punishment measured against the damage.