Which of the following is NOT a fact that must be established for an arson case?

In an arson investigation, establishing the motive behind the fire is crucial, as it can help determine if the act was intentional. Understanding the intent of the perpetrator often plays a vital role in proving that a fire was set deliberately rather than as a result of an accident or negligence. Similarly, the presence of accelerants is a key factor because it can provide concrete evidence that the fire was intentionally ignited. The location of the fire is significant as well, as it can help establish whether the fire was set in a manner consistent with arson, such as in a structured or systemic way.

Actual charring or destruction, while often observed in arson cases, does not necessarily need to be proven to establish arson. A fire could still be classified as arson even if it did not cause significant damage, provided that the other elements—such as intentionality and motive—are established. This is why the actual physical damage, while informative, is not a prerequisite for categorizing a fire as arson.