Offenses

(a)Any person who discards burning materials or who willfully, maliciously or negligently sets a fire that burns vegetation on land not owned, leased or controlled by him shall be guilty of incendiarism, which is subject to penalties as described in § 63708.

(b)Setting fires, causing them to be set, or allowing them to escape, shall be prima facie evidence of willfulness, malice or negligence under this Section; provided, that nothing herein contained shall apply to any person who, in good faith, sets a backfire to check an already burning fire or who with a burning permit sets afire for forest management or land clearing purposes.