Arson Laws in Arizona
Arson is a very serious crime regardless of where it is committed. With its particularly dry climate, arson committed in Arizona can have particularly damaging consequences.
Arson occurs when a person knowingly and deliberately starts a fire or creates an explosion.
The state of Arizona classifies arson into specific and individual crimes depending on the nature of the arson involved with each crime has its own penalties.
In order to understand state laws surrounding arson, it is important to be aware of how Arizona defines the terms involved in arson crimes. These definitions are found in A.R.S. 13-1701:
“Damage” means any physical or visual impairment of any surface.
“Occupied structure” means any structure…in which one or more human beings either is or is likely to be present or so near as to be in equivalent danger at the time the fire or explosion occurs. The term includes any dwelling house, whether occupied, unoccupied, or vacant.
“Property” means anything other than a structure which has value, tangible or intangible, public or private, real or personal, including documents evidencing value or ownership.
“Structure” means any building, object, vehicle, watercraft, aircraft or place with sides and a floor, used for lodging, business, transportation, recreation or storage.
“Wildland” means any brush covered land, cutover land, forest, grassland, or woods.
These definitions are utilized in the various arson laws below:
Reckless Burning
According to A.R.S. 13-1702, a person commits reckless burning by recklessly causing a fire or explosion which results in damage to an occupied structure, a structure, wildland, or property.
Reckless burning is a class 1 misdemeanor, which can result in up to 6 months of incarceration.
Arson of a Structure of Property
According to A.R.S. 13-1703, a person commits arson of a structure or property by knowingly and unlawfully damaging a structure or property by knowingly causing a fire or explosion.
Arson of a structure is a class 4 felony. A first-time offender can be incarcerated for up to 3.75 years.
Arson of a property with a value of more than $1000 is a class 4 felony. A first-time offender can be incarcerated for up to 3.75 years.
Arson of a property with a value of more than $100 but less than $1000 is a class 5 felony. A first-time offender can be incarcerated for up to 2.5 years.
Arson of a property valued at $100 or less is a class 1 misdemeanor, which can result in up to 6 months of incarceration.
Arson of an Occupied Structure
According to A.R.S. 13-1704, a person commits arson of an occupied structure by knowingly and unlawfully damaging an occupied structure by knowingly causing a fire or explosion.
Arson of an occupied structure is a class 2 felony. First-time offenders can find themselves incarcerated for up to 12.5 years.
Arson of an Occupied Jail or Prison Facility
According to A.R.S. 13-1705, a person commits arson of an occupied jail or prison facility by knowingly causing a fire or explosion which results in physical damage to the jail or prison facility.
Arson of an occupied jail or prison facility is a class 4 felony. This can result in incarceration of up to 3.75 years for a first-time offender.
Burning of Wildlands
According to A.R.S. 13-1706, it is unlawful for any person, without lawful authority, to intentionally, knowingly, recklessly or with criminal negligence to set or cause to be set on fire any wildland other than the person’s own or to permit a fire that was set or caused to be set by the person to pass from the person’s own grounds to the grounds of another person.
This statute does not apply to the following scenarios:
- Open burning that is lawfully conducted in the course of agricultural operations.
- Fire management operations that are conducted by a political subdivision.
- Prescribed or controlled burns that are conducted with written authority from the state forester.
- Lawful activities that are conducted pursuant to any rule, regulation or policy that is adopted by a state, tribal or federal agency.
- In absence of a fire ban or other burn restrictions to a person on public lands, setting a fire for purposes of cooking or warming that does not spread sufficiently from its source to require action by a fire control agency.
The burning of wildlands when done with criminal negligence is a class 2 misdemeanor, which can result in incarceration of up to 4 months.
The reckless burning of wildlands is a class 1 misdemeanor, which can result in incarceration of up to 6 months.
If done intentionally or knowingly and the person knows or reasonably should know that the person’s conduct violates any order or rule that is issued by a governmental entity and that prohibits, bans, restricts or otherwise regulates fires during periods of extreme fire hazard, the offense is a class 6 felony. A first-time offender can be incarcerated for up to 2 years.
If done intentionally and the person’s conduct places another person in danger of death or serious bodily injury or places any building or occupied structure of another person in danger of damage, the offense is a class 3 felony. A first-time offender can be incarcerated for up to 8.75 years.
Unlawful Cross Burning
According to A.R.S. 13-1707, it is unlawful for a person to burn or cause to be burned a cross on the property of another person without that person’s permission or on a highway or any other public place with the intent to intimidate any person or group of persons. The intent to intimidate may not be inferred solely from the act of burning a cross, but shall be proven by independent evidence.
A violation of this law is a class 1 misdemeanor, which can result in incarceration of up to 6 months.
Unlawful Symbol Burning
According to A.R.S. 13-1708, it is unlawful for a person to burn or cause to be burned any symbol not addressed by section 13-1707 (above) on the property of another person without that person’s permission or on a highway or any other public place with the intent to intimidate any person or group of persons. The intent to intimidate may not be inferred solely from the act of burning the symbol, but shall be proven by independent evidence.
A violation of this law is a class 1 misdemeanor, which can result in incarceration of up to 6 months.
RIDEOUT LAW GROUP
With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.
Our goal is for the best outcome for your criminal case, which can include:
- charges that are reduced or dropped.
- top experts reviewing your case.
- aggressive negotiations with the prosecution for plea bargains.
- fines or probation in lieu of jail time.
At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.
Call us today for a free consultation at 480-584-3328.