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Arson Laws in Pennsylvania

How Pennsylvania law treats arson: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: 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); 18 Pa.C.S. § 3301

ArsonArson 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.
F2 up to 10 years/$25,000; F3 up to 7 years/$15,000; M1 up to 5 years/$10,000; M2 up to 2 years/$5,000; M3 up to 1 year/$2,500; summary offense up to 90 days/$300 unless another fine is set.

More Pennsylvania criminal law

FAQ

Is arson a felony in 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.
Can I get a court-appointed lawyer for arson in Pennsylvania?
Pennsylvania's rule on court-appointed lawyers: Each county public defender is responsible for furnishing legal counsel to persons who lack sufficient funds to obtain legal counsel, in proceedings including juvenile delinquency, critical pretrial identification procedures, preliminary hearings, trials and post-trial motions, appeals, post-conviction hearings, extradition, probation and parole revocation, and any other situation where representation is constitutionally required. The public defender must be satisfied that the person lacks sufficient funds, and the applicant must sign an affidavit that he or she is unable to obtain counsel and provide other sworn information required; a false affidavit is punishable as perjury. Under the Rules of Criminal Procedure, counsel must be appointed in court cases before the preliminary hearing for defendants without financial resources or otherwise unable to employ counsel, and in summary cases when imprisonment is likely; the appointment continues through final judgment, including direct appeal. Public Defender Act, Act No. 358 of 1968, §§ 6, 8; Pa.R.Crim.P. 122
How much does a lawyer for arson cost in Pennsylvania?
Lawyers set their own fees, and Pennsylvania has rules on how they may charge. See hiring a criminal defense lawyer in Pennsylvania for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for arson in Pennsylvania?
How release before trial works in Pennsylvania: All prisoners shall be bailable by sufficient sureties, unless for capital offenses or for offenses for which the maximum sentence is life imprisonment, or unless no condition or combination of conditions other than imprisonment will reasonably assure the safety of any person and the community when the proof is evident or presumption great. Excessive bail shall not be required. Under the Rules of Criminal Procedure, the types of release are: release on recognizance (ROR); release on nonmonetary conditions; release on unsecured bail bond (no money deposited); release on nominal bail (a nominal cash deposit with a designated surety); and release on a monetary condition, whose amount shall not be greater than is necessary to reasonably ensure the defendant's appearance and compliance with bail conditions. In deciding release, the bail authority considers factors including the nature of the offense and possible penalty, employment and financial condition, family ties, length of residence, age, character, reputation, mental condition, substance dependence, past compliance with bail, history of flight or escape, prior criminal record, and use of false identification. Pa. Const. art. I, §§ 13, 14; Pa.R.Crim.P. 523(A), 524(C) What happens after an arrest.
Can a conviction for arson be removed from my record in Pennsylvania?
Each state sets its own rules for sealing or expunging records. See Pennsylvania expungement and record sealing rules.

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.