TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 8

ARSON

18-802.  Arson in first degree — Burning of dwelling or other structures where persons are normally present — Penalties. Any person who willfully and unlawfully, by fire or explosion, damages:

(1)  Any dwelling, whether occupied or not; or

(2)  Any structure, whether occupied or not, in which persons are normally present, including without limitation: jails, prisons or detention centers; hospitals, nursing homes or other health care facilities; department stores, office buildings, business establishments, churches or educational institutions, or other similar structures; or

(3)  Any other structure which the actor has reasonable grounds to believe is occupied by a human being; or

(4)  Any real or personal property, whether the property of the actor or another, with the intent to deceive or harm any insurer or any person with a legal or financial interest in the property, or obtain any financial gain for the actor or another;

is guilty of arson in the first degree, and upon conviction thereof shall be sentenced to the custody of the department of correction for not more than twenty-five (25) years or fined not more than one hundred thousand dollars ($100,000) or both.

History:

[18-802, added 1993, ch. 107, sec. 3, p. 274.]