Becerra and Fogg wrote, “If PG&E ‘started’ a wildfire by [its] reckless operation or maintenance of power lines, its criminal liability, if any, would depend on the degree of its recklessness.”
They explained that recklessness include various mental states ranging from ordinary negligence to malice aforethought.
“Given that range of potential mental states, starting a wildfire by recklessly operating or maintaining power lines could implicate three different categories of California criminal offenses. First, misdemeanor offenses related to vegetation and power lines. Second, felony and misdemeanor offenses for starting a fire. Third, homicide offenses like implied-malice murder and involuntary manslaughter,” according to Becerra and Fogg.
Investigation is necessary to determine the cause/causes of the wildfires
Additionally, they stressed that an investigation into the cause or causes of the recent wildfires is necessary to determine the utility company’s potential criminal liability. If PG&E caused any of the fires, the investigation must extend to the utility company’s operations, maintenance, and safety practices to determine whether it violated criminal status with the requisite mental intent.
