Arson
Section 28.02 of the Texas Penal Code is the statute that defines Arson.
There are two primary ways a person can commit arson: Intentionally or Recklessly.
Intentional Arson
Definition
Arson occurs when person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage:
(1) Vegetation, a fence, or a structure on open land; OR
(2) any building, any habitation, or any vehicle.
- (A) knowing that it is within the limits of an incorporated city or town;
- (B) knowing that it is insured against damage or destruction;
- (C) knowing that it is subject to a mortgage or other security interest;
- (D) knowing that it is located on property belonging to another;
- (E) knowing that it has located within it property belonging to another; or
- (F) when the person is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another.
It is helpful to think that Arson under the first category applies more to Rural Areas and that Arson under the second category applies more to urban areas.
Arson under this definition starts as a Second Degree Felony.
Arson under this definition becomes a First Degree Felony if:
- (1) A person was hurt or killed, or
- (2) The structure burned was a habitation or a place of worship
Reckless Arson
Definition
A person commits arson if the person recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture a controlled substance and the fire or explosion damages any building, habitation, or vehicle.
Penalty
Arson under this definition starts as a State Jail Felony. It becomes a Third Degree Felony if a person was hurt or killed by the fire.
Definition
A person commits arson by intentionally starting a fire or causing an explosion that either:
- (1) recklessly damages or destroys a building belonging to another; or
- (2) recklessly causes another person to suffer bodily injury or death.
Penalty
Arson under this definition is simply a State Jail Felony.
Defenses to Arson
The State cannot charge a person with Arson if they:
- Intentionally set fire to open land as part of a controlled burning.
- Intentionally sets fire to or explodes a building, habitation, or vehicle but prior to starting the fire or causing the explosion, the actor obtained a permit or other written authorization granted in accordance with a city ordinance, if any, regulating fires and explosions.
- Negligently started a fire or explosion
Summary
The District Attorney can charge a person with Arson if they intentionally or recklessly start a fire or cause an explosion that damages vegetation, a fence, a structure on open land, a building, a habitation, or a vehicle. The penalties for Arson range from as low as a State Jail Felony to as high as a First Degree Felony. The penalties become more severe if a person was hurt or killed because of the Arson.
If you or someone you care about has been charged with arson, please contact Carter Criminal Defense today to discuss the legal options.