Arson Laws by State (2026)
How each state handles arson and the penalties, from each state's code.
| State | Arson |
|---|---|
| Alabama | First-degree arson — intentionally damaging a building by fire or explosion while someone is inside and the person knows it or it is reasonably possible, or setting a fire tied to a theft causing $25,000 or more in damage — is a Class A felony with a mandatory term of at least 20 years, served consecutively to other sentences from the same facts. Second-degree arson — intentionally damaging a building by fire or explosion (or a fire damaging a jail or prison with reckless disregard for others' safety) — is a Class B felony (2 to 20 years). Third-degree arson — recklessly damaging a building by fire or explosion — is a Class A misdemeanor (up to 1 year). Burning a building in which only the actor has an interest, for a lawful purpose, is a defense to second-degree arson. Ala. Code 1975 §§ 13A-7-41, 13A-7-42, 13A-7-43; Ala. Code 1975 §§ 13A-5-6, 13A-5-7, 13A-5-11, 13A-5-12 |
| Alaska | First-degree arson is intentionally damaging any property by fire or explosion and thereby recklessly endangering another person (including responding firefighters and police) with serious physical injury; it is a class A felony (up to 20 years). Second-degree arson is knowingly damaging a building by fire or explosion, a class B felony (up to 10 years). Third-degree arson is intentionally burning a vehicle on public land or another person's vehicle on private property, a class C felony (up to 5 years). Negligently damaging another's property by fire is criminally negligent burning, a class A misdemeanor, or a class C felony with two prior convictions in 10 years. AS 11.46.400, 11.46.410, 11.46.420, 11.46.427, 11.46.430; AS 12.55.125, 12.55.135 |
| Arizona | Arson of an occupied structure — knowingly and unlawfully damaging an occupied structure by starting a fire or causing an explosion — is a class 2 felony. Arson of an (unoccupied) structure is a class 4 felony; arson of other property is a class 4 felony if the property is worth more than $1,000, a class 5 felony if worth more than $100 up to $1,000, and a class 1 misdemeanor if worth $100 or less. Reckless burning — recklessly causing a fire or explosion that damages a structure, wildland or property — is a class 1 misdemeanor. A.R.S. §§ 13-1704, 13-1703, 13-1702; A.R.S. §§ 13-702(D), 13-707 |
| Arkansas | Arkansas has a single arson offense graded by the amount of damage. It covers purposely starting a fire or explosion to damage another's occupiable structure or vehicle, any property to collect insurance, any property when it negligently creates a risk of death or serious injury, a vital public facility, a church, a government building, or valuable crops or timber, and recklessly causing such a fire during a felony. Damage under $500 is a Class A misdemeanor; $500 to under $2,500 a Class D felony; $2,500 to under $5,000 a Class C felony; $5,000 to under $15,000 (or crop/timber arson) a Class B felony; $15,000 to under $100,000 a Class A felony; and $100,000 or more a Class Y felony (10 to 40 years or life). Ark. Code § 5-38-301; Ark. Code §§ 5-4-201, 5-4-401 |
| California | Arson is willfully and maliciously setting fire to or burning (or helping to burn) any structure, forest land or property. Arson causing great bodily injury carries 5, 7 or 9 years in state prison; arson causing an inhabited structure or inhabited property to burn carries 3, 5 or 8 years; arson of a structure or forest land carries 2, 4 or 6 years; and arson of other property carries 16 months, 2 or 3 years (burning your own personal property is not arson unless meant to defraud or it injures someone or their property). Recklessly causing a fire ('unlawfully causing a fire') is a lesser offense, ranging from a felony or jail term when it causes great bodily injury or burns an inhabited structure down to a misdemeanor for burning property. Cal. Penal Code 451, 452 |
| Colorado | First-degree arson — knowingly setting fire to or using explosives to damage another's building or occupied structure without consent — is a class 3 felony for an occupied structure and a class 4 felony for a building (sentenced as a crime of violence if explosives are used). Second-degree arson (other property of another) and fourth-degree arson (knowingly or recklessly starting a fire that endangers people or property) are graded by value, from a petty offense under $300 up to a class 2 felony at $1 million or more; fourth-degree arson that endangers a person is a class 4 felony. Third-degree arson — damaging any property by fire or explosives to defraud (such as insurance fraud) — is a class 5 felony. A controlled agricultural burn done with reasonable caution and harming no one is not arson. C.R.S. §§ 18-4-102, 18-4-103, 18-4-104, 18-4-105; C.R.S. §§ 18-1.3-401, 18-1.3-501, 18-1.3-503 |
| Connecticut | Arson in the first degree is starting a fire or explosion to destroy or damage a building when the building is or may be occupied, someone is injured, it is done to collect insurance, or a police officer or firefighter at the scene faces a substantial risk of injury; it is a Class A felony (10 to 25 years). Arson in the second degree (the fire puts another person at substantial risk of injury, is meant to hide another crime or to deprive someone of civil rights, or is set by a hired person) is a Class B felony (1 to 20 years). Arson in the third degree is recklessly damaging a building, your own or another's, by intentionally starting a fire or explosion, a Class C felony (1 to 10 years). Reckless burning, intentionally starting a fire that recklessly endangers another person's building, is a Class D felony (up to 5 years). If someone dies during an arson, it is arson murder, punished by life without parole. Conn. Gen. Stat. §§ 53a-111, 53a-112, 53a-113, 53a-114, 53a-54d; Conn. Gen. Stat. §§ 53a-35a, 53a-36, 53a-41, 53a-42 |
| Delaware | Arson in the first degree is intentionally damaging a building by fire or explosion when the person knows someone else is inside or likely to be; it is a Class C felony (up to 15 years). Arson in the second degree is intentionally damaging a building by fire or explosion, a Class D felony (up to 8 years). Arson in the third degree is recklessly damaging a building by intentionally starting a fire or explosion, a Class G felony (up to 2 years). Reckless burning or exploding, which recklessly endangers another's property or safety, is a Class A misdemeanor if the loss is under $1,500 and a Class G felony if it is $1,500 or more. Damaging only a building you alone own, for a lawful purpose and without endangering others, can be an affirmative defense. 11 Del. C. §§ 801, 802, 803, 804; 11 Del. C. §§ 4205, 4206 |
| District of Columbia | D.C. does not divide arson into degrees. Maliciously burning or attempting to burn a dwelling, building, church, school, vessel or railroad car that belongs wholly or partly to another person is arson, punished by 1 to 10 years in prison and a fine of up to $25,000. Maliciously burning your own property (building, vessel or goods) with intent to defraud or injure someone else carries up to 15 years. A death caused during an arson is first-degree murder. D.C. Code §§ 22-301, 22-302, 22-2101, 22-3571.01 |
| Florida | Arson in the first degree is willfully damaging by fire or explosion (or during any felony) a dwelling, occupied or not, a structure where people are normally present such as a hospital, jail, store, church or school during normal hours, or any structure the person knew or should have known was occupied; it is a first-degree felony (up to 30 years). Arson of any other structure, including your own, is second-degree arson, a second-degree felony (up to 15 years); 'structure' includes buildings, vehicles, boats and aircraft. An arson that causes bodily harm adds a first-degree misdemeanor, and one that causes great bodily harm, permanent disability or disfigurement adds a second-degree felony. Fla. Stat. §§ 806.01, 806.031; Fla. Stat. §§ 775.082, 775.083 |
| Georgia | Arson in the first degree is knowingly damaging by fire or explosive another person's dwelling (occupied or not), any structure designed as a dwelling, insured property without the insurer's consent, property to defraud a spouse or co-owner, or any structure where it is reasonably foreseeable that human life could be endangered; it carries 1 to 20 years and a fine of up to $50,000. Arson in the second degree covers other buildings, vehicles, boats, aircraft and structures belonging to another, with 1 to 10 years and up to $25,000. Arson in the third degree covers personal property worth $25 or more and carries 1 to 5 years and up to $10,000. O.C.G.A. §§ 16-7-60, 16-7-61, 16-7-62 |
| Hawaii | Arson in the first degree is intentionally or knowingly setting a fire that knowingly puts another person in danger of death or bodily injury, or that damages another's property by more than $20,000; it is a Class A felony. Arson in the second degree (recklessly endangering a person, or damage over $1,500) is a Class B felony, and arson in the third degree (negligently endangering a person, or damage over $500) is a Class C felony. Arson in the fourth degree (any fire damaging another's property without consent) is a misdemeanor, but a Class C felony if set where and when a National Weather Service red flag warning is in effect. Haw. Rev. Stat. §§ 708-8251, 708-8252, 708-8253, 708-8254; Haw. Rev. Stat. §§ 706-640, 706-659, 706-660, 706-663 |
| Idaho | First-degree arson is willfully and unlawfully damaging by fire or explosion any dwelling (occupied or not), a building where people are normally present (such as a store, school, hospital or church), a structure the person believes is occupied, or any property to defraud an insurer: up to 25 years and a fine up to $100,000. Second-degree arson covers any other structure (including vehicles, boats and aircraft): up to 15 years and $75,000. Third-degree arson covers another person's real or personal property or any forest land: up to ten years and $50,000. Aggravated arson adds up to ten more years when anyone, including a firefighter, suffers great bodily harm, permanent disability or disfigurement, or death. Idaho Code §§ 18-801 to 18-805 |
| Illinois | Arson is knowingly using fire or explosives to damage another's real property, or another's personal property worth $150 or more, without consent, or damaging property to defraud an insurer; it is a Class 2 felony (3 to 7 years). Residential arson (damaging another's dwelling) and place of worship arson are Class 1 felonies (4 to 15 years). Aggravated arson, a Class X felony (6 to 30 years), is arson that damages a building, structure, school, house trailer, watercraft, vehicle or railroad car when the offender knows or should know people are inside, someone suffers great bodily harm or permanent disability or disfigurement, or a firefighter, police officer or correctional officer on duty is injured. 720 ILCS 5/20-1, 5/20-1.1; 730 ILCS 5/5-4.5-25, -30, -35 |
| Indiana | Arson is knowingly or intentionally damaging, by fire, explosive or destructive device, another person's dwelling without consent, any property in a way that endangers human life, another's property causing a loss of $5,000 or more, or a place of worship; it is a Level 4 felony (2 to 12 years), rising to Level 3 if someone other than the defendant suffers bodily injury and Level 2 if someone suffers serious bodily injury. Arson for hire is graded the same way. Burning property to defraud, or damaging another's property with a loss of $250 to less than $5,000, is a Level 6 felony. IC 35-43-1-1; IC 35-50-2-4.5, -5, -6, -7 |
| Iowa | Arson is starting a fire or explosion, or placing burning material or an incendiary device, in or near property intending to damage it or knowing it will probably be damaged, whether or not damage results. First-degree arson - when people can reasonably be expected to be in or near the property, or a firefighter dies - is a class B felony (up to 25 years). Second-degree arson - a building, structure, real property, standing crops, or personal property worth more than $750 - is a class C felony (up to ten years). All other arson is third-degree, an aggravated misdemeanor (up to two years). Fires caused while making illegal drugs also count as arson. Iowa Code §§ 712.1-712.4; class penalties from Iowa Code §§ 902.1, 902.9, 903.1 (data/criminal/iowa.json) |
| Kansas | Arson is knowingly damaging a building or property by fire or explosive without the consent of another person who has an interest in it, or to defraud an insurer or lienholder. Arson of a dwelling is a severity level 6 person felony; arson of other property is a severity level 7 nonperson felony; accidental fires caused while making illegal drugs are level 7 felonies. Aggravated arson - arson of a building or property with a person inside - is a severity level 3 person felony if it creates a substantial risk of bodily harm (level 6 if not), and arson causing great bodily harm or disfigurement to a firefighter or officer is a level 3 person felony. K.S.A. 21-5812 |
| Kentucky | First-degree arson - starting a fire or explosion to destroy or damage a building that is, or may be, inhabited or occupied, or that seriously injures anyone (including firefighters) - is a Class A felony (20-50 years or life). Second-degree arson - setting fire to destroy another's building, or one's own to collect insurance - is a Class B felony (10-20 years). Third-degree arson - wantonly damaging a building by intentionally starting a fire - is a Class D felony (1-5 years). KRS 513.020, 513.030, 513.040 |
| Louisiana | Aggravated arson is intentionally setting fire to (or using explosives on) any structure, watercraft or movable where it is foreseeable that human life might be endangered; it carries 6 to 20 years at hard labor (2 years without parole) and a fine up to $25,000. Simple arson is intentionally burning property of another without consent: damage of $500 or more carries a fine up to $15,000 and up to 15 years at hard labor; damage under $500 carries a fine up to $2,500, up to 5 years with or without hard labor, or both. Arson of a religious building carries 2 to 15 years at hard labor, and arson with intent to defraud (such as an insurer) carries a fine up to $10,000, up to 5 years, or both. La. R.S. 14:51; 14:52; 14:52.1; 14:53 |
| Maine | Maine has one arson offense rather than degrees: starting, causing or maintaining a fire or explosion on another person's property intending to damage or destroy property there, or on any property (including one's own) to collect insurance or in a way that recklessly endangers any person or another's property. Arson is a Class A crime, punishable by up to 30 years and a $50,000 fine. 17-A M.R.S. § 802; § 1604(1) |
| Maryland | Arson in the first degree - willfully and maliciously burning a dwelling or a structure where a non-participant is present - is a felony with up to 30 years and/or a $50,000 fine. Arson in the second degree - willfully and maliciously burning any other structure, including one's own - is a felony with up to 20 years and/or $30,000. Maliciously burning another person's personal property is malicious burning in the first degree (damage of $1,000 or more; felony, up to 5 years and/or $5,000) or in the second degree (under $1,000; misdemeanor, up to 18 months and/or $500). Md. Code, Crim. Law §§ 6-102, 6-103, 6-104, 6-105 |
| Massachusetts | Arson of a dwelling house - willfully and maliciously burning a dwelling (including apartments, hotels, dormitories and hospitals) or an adjoining building, whether owned by the defendant or not and occupied or not - is punished by up to 20 years in state prison, or up to 2.5 years in jail, and/or a fine up to $10,000. Burning other buildings, structures, vehicles such as ships or rail cars, or their contents carries up to 10 years in state prison or 2.5 years in jail. Burning other property (such as lumber, crops, woods, motor vehicles, boats or personal property worth over $25) carries up to 3 years in state prison, or a fine up to $500 and up to 1 year in jail. Burning insured property to defraud the insurer carries up to 5 years in state prison or 2.5 years in jail. G.L. c. 266, §§ 1, 2, 5, 10 |
| Michigan | First-degree arson - burning or blowing up a multiunit building with a dwelling unit, a mine, or any building or real property where someone is physically injured - is a felony punishable by life or any term of years and a fine up to $20,000 or 3 times the property value, whichever is greater. Second-degree arson (a dwelling, occupied or not) carries up to 20 years and the same fine. Third-degree arson (any other building or structure, or personal property worth $20,000 or more, or $1,000 or more with a prior conviction) carries up to 10 years and the same fine. Fourth-degree arson (personal property worth $1,000 to under $20,000, or $200 or more with a prior, or burning another's woods or grounds) carries up to 5 years and a fine up to $10,000 or 3 times the value. Owning the property is not a defense. MCL 750.72, 750.73, 750.74, 750.75 |
| Minnesota | First-degree arson - intentionally damaging a dwelling by fire or explosives (occupied or not, and even if one's own), or another building when someone is or may reasonably be present - carries up to 20 years and a fine up to $20,000 (dwellings) or $35,000 (other buildings). Second-degree arson - any other building regardless of value, or other property worth more than $1,000 - carries up to 10 years and/or $20,000. Third-degree arson (property worth $300 to $1,000, or foreseeable damage of $300 or more) carries up to 5 years and/or $10,000. Fourth-degree arson (burning personal property in an apartment building or public building) is a gross misdemeanor, and fifth-degree arson (burning any property of value) is a misdemeanor with up to 90 days and/or $1,000. Minn. Stat. §§ 609.561, 609.562, 609.563, 609.5631, 609.5632 |
| Mississippi | First-degree arson is willfully and maliciously burning a dwelling (occupied or vacant), its outbuildings, or a state-supported school building, with 5 to 20 years in prison plus restitution; burning a church, synagogue, temple or other place of worship is also first-degree arson under its own section, with 5 to 30 years. Second-degree arson is burning any other building or structure, with 1 to 10 years. Third-degree arson is burning another person's personal property worth $25 or more, with 1 to 3 years. Miss. Code Ann. §§ 97-17-1, 97-17-3, 97-17-5, 97-17-7 |
| Missouri | Arson in the first degree is knowingly damaging a building or inhabitable structure by fire or explosion while someone is present or nearby and recklessly endangering them, or damaging a building while trying to make methamphetamine; it is a class B felony (5 to 15 years), or a class A felony if anyone is seriously injured or killed. Arson in the second degree is knowingly damaging a building by fire or explosion, a class D felony (up to 7 years), or class B if someone is seriously injured or killed; burning one's own building for a lawful purpose with everyone's consent is a defense. Knowingly burning or exploding someone else's property is a class E felony (up to 4 years). RSMo §§ 569.040, 569.050, 569.055; §§ 558.011, 558.002 |
| Montana | Montana has one arson offense, not degrees: by fire or explosives, knowingly or purposely damaging another's structure, vehicle, crops, forest or personal property worth over $1,500 without consent, damaging one's own property to commit fraud, or placing another person (including a firefighter) in danger of death or bodily injury. It carries up to 20 years in state prison and/or a fine up to $50,000. Negligent arson (purposely starting a fire that negligently endangers another's property) is a misdemeanor with up to $500 and/or six months, or a felony with up to ten years and/or $50,000 if it endangers a person. MCA 45-6-103, 45-6-102 |
| Nebraska | First-degree arson is intentionally damaging a building or its contents by fire or explosion when a person is inside and the actor knows it or it is reasonably probable, or starting a fire during a robbery, burglary or felony criminal mischief with someone present; it is a Class II felony (1 to 50 years). Second-degree arson is the same conduct without anyone present, a Class III felony (up to 4 years); burning one's own building with everyone's consent for a lawful purpose is a defense. Third-degree arson is burning another person's property that is not a building, a Class IV felony (up to 2 years) if damage is $1,500 or more, a Class I misdemeanor for $500 to $1,500, and a Class II misdemeanor under $500. Neb. Rev. Stat. §§ 28-502, 28-503, 28-504; Neb. Rev. Stat. § 28-105, § 28-106 |
| Nevada | First-degree arson is willfully and maliciously burning a dwelling, other structure or mobile home (occupied or vacant) or occupied personal property, a category B felony with 2 to 15 years and a fine up to $15,000. Second-degree arson is burning an abandoned building or structure, a category B felony with 1 to 10 years and up to $10,000. Third-degree arson is burning another's unoccupied personal property worth $25 or more, one's own property in which another has an interest, or timber, crops, grass or brush not one's own, a category D felony (1 to 4 years). Fourth-degree arson is an attempt to commit any of these, a category D felony with a fine up to $5,000. NRS 205.010, 205.015, 205.020, 205.025; NRS 193.130, 193.140, 193.150 |
| New Hampshire | New Hampshire has one arson offense graded by what is damaged: knowingly starting a fire or causing an explosion that unlawfully damages another's property. It is a class A felony (up to 15 years) if the property is an occupied structure the actor knew was occupied, or a historic structure. It is a class B felony (up to 7 years) if done to collect insurance, if the actor purposely starts a fire that recklessly endangers a person or someone else's occupied structure, if real estate is damaged, or if the loss exceeds $1,000. All other arson is a misdemeanor. RSA 634:1; RSA 651:2, 625:9 |
| New Jersey | Aggravated arson (starting a fire or explosion that purposely or knowingly puts someone in danger of death or injury, or to destroy another's building, or for insurance or to dodge zoning when people are recklessly endangered, or to destroy a forest) is a crime of the second degree (five to 10 years). Arson (purposely starting a fire that recklessly endangers a person, another's building or a forest, or to collect insurance) is a crime of the third degree (three to five years). Failing to control or report a dangerous fire one has a duty to fight or started is a crime of the fourth degree. Paying or being paid to set a fire, and arson of a church, synagogue, temple or other place of worship, are crimes of the first degree (worship places carry a 15-year parole bar). N.J.S. 2C:17-1; N.J.S. 2C:43-3, 2C:43-6, 2C:43-8 |
| New Mexico | Arson is maliciously or willfully starting a fire or causing an explosion to destroy or damage a building, occupied structure or another person's property, a bridge, utility line, fence or sign, or any property to collect insurance. The grade depends on the damage: $250 or less, petty misdemeanor; over $250 up to $500, misdemeanor; over $500 up to $2,500, fourth degree felony; over $2,500 up to $20,000, third degree felony; over $20,000, second degree felony. Negligent arson (recklessly starting a fire or explosion that causes death or bodily injury, or damages another's building or occupied structure) is a fourth degree felony. Aggravated arson (willfully or maliciously setting fire to or using explosives on a bridge, vehicle, building, dwelling or other listed structure, causing a person great bodily harm) is a second degree felony. NMSA 1978, § 30-17-5; § 30-17-6; § 31-18-15(A); § 31-19-1 |
| New York | Arson in the first degree (intentionally damaging a building or vehicle by fire or explosion using an incendiary device or explosive, or causing serious injury, or for profit, when a non-participant is present and the actor knows or it is reasonably possible) is a class A-I felony (up to life). Arson in the second degree (intentionally setting fire to an occupied building or vehicle under the same knowledge rule) is a class B felony (up to 25 years). Arson in the third degree (intentionally damaging a building or vehicle by fire or explosion) is a class C felony (up to 15 years), with an affirmative defense for a sole owner acting for a lawful purpose without endangering others. Arson in the fourth degree (recklessly damaging a building or vehicle by intentionally starting a fire) is a class E felony (up to four years), and arson in the fifth degree (intentionally damaging another's property by fire without consent) is a class A misdemeanor. N.Y. Penal Law §§ 150.01, 150.05, 150.10, 150.15, 150.20; N.Y. Penal Law §§ 70.00, 70.15 |
| North Carolina | Arson of a dwelling is first-degree arson, a Class D felony, if the dwelling was occupied at the time, and second-degree arson, a Class E felony, if it was unoccupied; burning another's occupied mobile home is first-degree arson. Other burnings are graded by the property: an occupied commercial structure (Class D) or unoccupied one (Class E); a church or other place of worship (Class E); a government building, schoolhouse, bridge, or uninhabited house (Class F); and buildings under construction, boats, or other buildings and structures (Class H). Burning one's own dwelling for a fraudulent purpose is Class H, causing $10,000 or more in fire damage during a felony is Class D, and arson that seriously injures a firefighter or officer is Class E or F. N.C. Gen. Stat. §§ 14-58 to 14-69.3 |
| North Dakota | Arson is a class B felony (up to 10 years and a $20,000 fine): starting a fire or explosion intending to destroy all or part of another's building, inhabited structure or vital public facility, or damaging one's own property to collect insurance or to defeat another person's legal interest in it (personal property over $2,000). Endangering by fire or explosion (intentionally starting a fire that recklessly endangers a person, another's building, or causes over $2,000 in damage to another's property) is a class C felony, or a class B felony if it endangers life with extreme indifference. Failing to control or report a dangerous fire one started is a class A misdemeanor. N.D.C.C. §§ 12.1-21-01 to 12.1-21-03; N.D.C.C. § 12.1-32-01 |
| Ohio | Aggravated arson (knowingly, by fire or explosion, creating a substantial risk of serious physical harm to another person, or harming an occupied structure for hire) is a first-degree felony; knowingly causing physical harm to any occupied structure by fire or explosion is a second-degree felony. Arson (knowingly causing or risking harm by fire to another's property without consent, or to an unoccupied structure) is a first-degree misdemeanor, or a fourth-degree felony if the property value or harm is $1,000 or more; arson to defraud, of a public building, or of forest or park land is a fourth-degree felony, and arson for hire is a third-degree felony. R.C. 2909.02, 2909.03; R.C. 2929.14, 2929.18, 2929.24, 2929.28 |
| Oklahoma | First-degree arson is willfully and maliciously burning (or destroying with an explosive or accelerant) an inhabited or occupied building or its contents, or burning a person; it is a Class A3 felony punished by up to thirty-five (35) years in prison, a fine up to $25,000, or both. Second-degree arson covers an uninhabited or unoccupied building or structure; it is a Class B2 felony punished by up to twenty-five (25) years, a fine up to $20,000, or both. Third-degree arson covers burning any other property worth at least $50 (cars, boats, crops, pasture or forest land); it is a Class C1 felony (up to eight (8) years, fine up to $10,000), but burning insured property to defraud the insurer is a Class B3 felony (up to fifteen (15) years, fine up to $10,000). Attempted arson is fourth-degree arson, a Class C2 felony (up to seven (7) years, fine up to $5,000), or Class C1 when the person places flammable material or a device in preparation to burn. 21 O.S. §§ 1401, 1402, 1403, 1404; 21 O.S. §§ 20L, 20M |
| Oregon | First-degree arson is intentionally damaging by fire or explosion 'protected property' of another (any structure, place or thing customarily occupied by people, including public buildings and forestland), or any property when doing so recklessly endangers people or protected property or seriously injures a firefighter or officer; it is a Class A felony (up to 20 years). Second-degree arson is intentionally damaging by fire or explosion a building of another that is not protected property, or other property of another worth more than $750; it is a Class C felony (up to 5 years). Recklessly damaging another's property by fire or explosion is reckless burning, a Class A misdemeanor. Fires caused while making methamphetamine or other controlled substances are separate arson offenses. ORS 164.305, 164.315, 164.325, 164.335 |
| Pennsylvania | Arson endangering persons, intentionally starting a fire or explosion that recklessly endangers another person or aims to destroy an inhabited building or occupied structure, is a felony of the first degree (up to 20 years); if anyone dies it is second-degree murder (life without parole), or first-degree murder if the fire was set to kill. Aggravated arson (causing bodily injury, or a person is inside) is also a first-degree felony, with up to 40 years if a firefighter or officer is injured or a civilian seriously injured. Arson endangering property (an unoccupied building of another, recklessly endangering an inhabited building, or burning property to collect insurance) is a felony of the second degree (up to 10 years). Reckless burning or exploding that endangers an uninhabited building or another's personal property worth over $5,000 (or any vehicle) is a felony of the third degree (up to 7 years); dangerous burning is a summary offense. 18 Pa.C.S. § 3301 |
| Rhode Island | First-degree arson is knowingly creating by fire or explosion a substantial risk of serious harm to a person or damage to a building that is occupied or in use (or was within the prior six months) or any other residential structure; it carries five (5) years to life and/or a fine of $3,000 to $25,000. Second-degree arson (an unoccupied building or structure) and third-degree arson (burning any property to defraud an insurer) each carry two (2) to twenty (20) years and/or a fine (up to $2,500 and $5,000). For first- through third-degree arson, if anyone, including a firefighter, dies as a direct result, the minimum is twenty (20) years. Fourth-degree arson (another person's personal property worth over $100) carries one (1) to three (3) years and/or up to $1,000; attempted arson (fifth degree) carries one (1) to twenty (20) years or up to $1,000; and setting woodland fires that spread (sixth degree) carries up to two (2) years and/or up to $1,000. R.I. Gen. Laws §§ 11-4-2 to 11-4-7 |
| South Carolina | Willfully and maliciously causing a fire or explosion that damages a building, structure or other listed property and directly or indirectly causes death or serious bodily injury is first-degree arson, punished by at least thirty (30) years. Second-degree arson covers damage to a dwelling, place of worship, school, manufacturing plant or warehouse, business building, institutional facility or other structure designed for human occupancy, punished by three (3) to twenty-five (25) years. Third-degree arson covers other buildings, vehicles, boats, aircraft and personal property, punished by up to fifteen (15) years. Burning property to defraud an insurer is a felony with one (1) to five (5) years, and attempted burning is a felony with up to five (5) years and/or a $10,000 fine. S.C. Code §§ 16-11-110, 16-11-130, 16-11-190 |
| South Dakota | First-degree arson is starting a fire or explosion intending to destroy an occupied structure of another (any structure, vehicle or place adapted for overnight accommodation or for carrying on business, whether or not anyone is present); it is a Class 2 felony (up to 25 years). Second-degree arson is starting a fire or explosion intending to destroy an unoccupied structure of another, or to destroy or damage any property (one's own or another's) to collect insurance; it is a Class 4 felony (up to 10 years). Intentionally starting a fire or explosion that recklessly endangers a person or another's building or occupied structure is reckless burning or exploding, also a Class 4 felony. Failing to control or report a dangerous fire one has a duty to fight or started is a Class 1 misdemeanor. SDCL 22-33-9.1, 22-33-9.2, 22-33-9.3, 22-33-9.4, 22-33-9.5 |
| Tennessee | Arson is knowingly damaging a structure or farm equipment by fire or explosion without the consent of everyone with an interest in it, or to collect insurance; it is a Class C felony (3 to 15 years), or Class B (8 to 30 years) for a place of worship. Setting fire to personal property or land is a Class E felony (1 to 6 years). Aggravated arson, when someone is inside or a person (including a firefighter or police officer) suffers serious bodily injury, is a Class A felony (15 to 60 years). Tenn. Code Ann. §§ 39-14-301, 39-14-302, 39-14-303; Tenn. Code Ann. § 40-35-111 |
| Texas | Arson is starting a fire or causing an explosion intending to damage vegetation, a fence or structure on open-space land, or a building, home or vehicle (for example knowing it is insured, mortgaged, in a city, or belongs to someone else, or recklessly endangering life). It is a second-degree felony (2 to 20 years), and a first-degree felony (5 to 99 years or life) if someone is injured or killed or the target was a home or a place of assembly or worship. Recklessly causing a fire while making drugs is a state jail felony (third degree with injury or death), and intentionally starting a fire that recklessly damages another's building or injures someone is a state jail felony. Tex. Penal Code § 28.02; Tex. Penal Code §§ 12.21-12.35 |
| Utah | Aggravated arson (intentionally damaging a habitable structure, or any structure or vehicle with a person inside, by fire or explosives) is a first-degree felony (5 years to life). Arson to defraud an insurer is a second-degree felony. Arson of another's property is graded by damage and harm: second-degree felony for damage of $5,000 or more or serious bodily injury; third-degree felony for $1,500 to $5,000, substantial bodily injury or endangering human life; class A misdemeanor for $500 to $1,500; class B misdemeanor under $500 (each stepped up with a prior arson conviction within 10 years). Utah Code §§ 76-6-102, 76-6-103; Utah Code §§ 76-3-203, 76-3-204, 76-3-205, 76-3-301 |
| Vermont | Willfully and maliciously burning a dwelling (or an attached outbuilding), even one's own, is first-degree arson: 2 to 10 years and/or a fine up to $2,000. Burning any other building or structure is second-degree arson (1 to 5 years and/or $1,000). Burning another person's personal property worth $25 or more is third-degree arson (1 to 3 years and/or $500). Attempting arson is fourth-degree arson (1 to 2 years and/or $500). If someone dies from burning a building, it is first-degree murder. 13 V.S.A. §§ 501-505 |
| Virginia | Maliciously burning or blowing up an occupied dwelling (or an occupied hotel, hospital, jail, church or similar building) is a felony punished by 5 years to life; if unoccupied it is a Class 4 felony (2 to 10 years). Burning a meeting house, school, courthouse, store or similar building is a Class 3 or Class 4 felony. Burning any other building, bridge or structure (including for insurance fraud) is a Class 3 felony (5 to 20 years) if someone is in it, otherwise a Class 4 felony if worth $1,000 or more, or a Class 1 misdemeanor if worth less. Burning personal property or crops worth $1,000 or more is a Class 4 felony, and less is a Class 1 misdemeanor. Va. Code §§ 18.2-77, 18.2-79, 18.2-80, 18.2-81; Va. Code §§ 18.2-10, 18.2-11 |
| Washington | First-degree arson (knowingly and maliciously causing a fire or explosion that is manifestly dangerous to human life, damages a dwelling, occurs in an occupied building, or targets property worth $10,000 or more for insurance money) is a class A felony (up to life). Second-degree arson (knowingly and maliciously damaging any building, vehicle, crop, timber or other property by fire) is a class B felony (up to 10 years). First-degree reckless burning (recklessly damaging a building, vehicle or crops by knowingly causing a fire) is a class C felony, and second-degree reckless burning (recklessly endangering such property) is a gross misdemeanor. RCW 9A.48.020, 9A.48.030, 9A.48.040, 9A.48.050; RCW 9A.20.021 |
| West Virginia | First-degree arson is willfully and maliciously burning (or causing someone to burn) any dwelling, occupied or vacant, or an outbuilding such as a garage, shed or barn, even one's own: a felony with a definite term of 2 to 20 years. Second-degree arson covers any other building or structure: 1 to 10 years. Third-degree arson is burning another person's personal property worth $500 or more: 1 to 3 years. Fourth-degree arson is an attempt, including placing flammable material or a device intending to burn: 1 to 2 years, a fine of up to $2,500, or both. Each grade sets a minimum time served before parole eligibility. W. Va. Code §§ 61-3-1, 61-3-2, 61-3-3, 61-3-4 |
| Wisconsin | Wisconsin does not use numbered arson degrees. Arson of a building, intentionally damaging another's building by fire without consent, or any building by fire to defraud an insurer, or another's property by explosives, is a Class C felony (up to 40 years and/or $100,000). Arson of property other than a building, worth $100 or more and belonging to another, is a Class I felony (up to 3.5 years and/or $10,000). Burning one's own non-building property to defraud an insurer is a Class H felony (up to 6 years and/or $10,000). Placing combustible or explosive material near property intending to burn it is prosecuted as attempted arson, and possessing or making a Molotov cocktail is a Class H felony. A person injured by arson may sue the convicted person for treble damages. Wis. Stat. §§ 943.02, 943.03, 943.04, 943.05, 943.06, 943.065; Wis. Stat. §§ 939.50, 939.51 |
| Wyoming | First-degree arson is maliciously starting a fire or causing an explosion intending to destroy or damage an occupied structure: a felony with up to 20 years and/or a fine of up to $20,000 (or twice the insurance amount if set to collect insurance). Aggravated arson, the same act showing reckless disregard for life where someone is seriously hurt or killed (including emergency responders), carries up to 30 years. Second-degree arson, burning any property to collect insurance, is up to 10 years and/or twice the insurance amount. Third-degree arson, intentionally starting a fire that endangers someone or damages another's property worth $200 or more, is a felony up to 5 years and/or $5,000. Fourth-degree arson, damage under $200, is a misdemeanor up to 1 year and/or $750. W.S. 6-3-101, 6-3-102, 6-3-103, 6-3-104 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.