What charge may be pursued if aggravated arson results in a death?

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When aggravated arson results in a death, the charge typically pursued is Murder 2. This is primarily because Murder 2 involves the unlawful killing of a person with malice aforethought, which can apply in situations where an individual did not specifically plan to kill but acted with a reckless disregard for human life. In cases of aggravated arson, if the act leads to a death, it indicates a severe degree of recklessness or intent to cause harm, fulfilling the criteria for Murder 2.

This charge reflects the seriousness of the outcome—death resulting from a deliberate act of setting fire—while also considering the nature of the perpetrator's intent. The distinction between Murder 1 and Murder 2 usually resides in the presence of premeditation or intent to kill, which may not be necessary to establish in a case of aggravated arson leading to death. Therefore, Murder 2 serves as an appropriate charge that balances the intentions and the catastrophic results of the actions taken.

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