Which is not considered an element of the common law crime of arson?

In the context of common law arson, the essential elements typically include intent, the act of burning, and the malicious nature of the act. The requirement of maliciousness relates to the intention behind the act—specifically, that the person acted with a deliberate disregard for the safety of others or their property.

Burning is a fundamental component of arson; it is necessary for an act to be classified as such. The act must involve some form of fire that causes damage or destruction to property. Willfulness signifies that the act must be intentional, implying that the offender knowingly set the fire rather than it being accidental.

While a commercial building can certainly be the target of an arson attack, it is not a requisite element of the crime itself. Arson can apply to various types of properties, including residential buildings and other types of structures. Therefore, the inclusion of a commercial building specifically does not align with the universal requirements of arson under common law, making it the element that does not belong in the context of the crime.