PLATFORM : Give Smokey the Bear Sharper Teeth

Only one thing makes the devastation of last week’s fires even worse: the discovery that some of the blazes were set deliberately or caused by malicious recklessness.

We already have strong reason to suspect that one fire was caused by negligence. Arson is suspected in at least two others.

Worst of all would be still more fires intentionally set by copycat miscreants in search of morbid glory.

To prevent would-be arsonists from capitalizing on our existing misery, both California and the federal government should beef up the arson laws. Under existing state law, arson carries penalties of only nine years or less. And technically, setting a wildfire isn’t classed as arson--even if it spreads to a home or school. In light of the damage done as a result of last week’s wildfires--500 homes lost and 90,000 acres destroyed-- our state criminal penalties seem extraordinarily weak.

Under federal law, penalties for a fire deliberately set on federal property--say in the Cleveland National Forest--the maximum prison sentence is five years, unless prosecutors can prove that the arson was directed against “personal or real property involved in interstate commerce.� If a person dies as a result of arson--as rigidly defined--a federal conviction could mean life in prison. The law was originally meant to impose the death penalty as a maximum sentence for the most extreme cases. Subsequent court decisions and Congress’ refusal to clarify federal authority for capital punishment have made it unlikely that the death penalty could now be imposed for even the most grisly multiple-murder arson.

In California’s dry and windy conditions, intentionally setting any blaze is a heinous offense against humanity and nature. Smokey the Bear advertisements won’t deter those who play with fire. Tougher penalties should. Let’s not take any more chances.