G.L. c. 266 § 5

• A person is charged with unlawfully burning a persons property, motor vehicle, or something of similar nature if the Commonwealth can prove four elements, beyond a reasonable doubt:
  • (1) That the property in question was personal property belonging to another person with a value of more than $25, or a boat belonging to the defendant or another person, or a motor vehicle belonging to the defendant or another person, or a conveyance belonging to the defendant or another person;
  • (2) That the defendant set fire to or burned the property, caused the property to be burned, aided, counseled or procured the property to be burned;
  • (3) That the defendant did so willfully – that is intentionally and not by accident, and
  • (4) That the defendant did so maliciously – that is, it was done with some wrong and unlawful motive and without excuse
• Practice Notes
  • Wilfully is defined as intentional and by design, eliminating accidental or negligently burning
  • Maliciousness in this context means if the burning is done with a wrong and unlawful motive or purpose, it does not require any particular ill will against someone