21-5812. Arson; aggravated arson.
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21-5812. Arson; aggravated arson.
(a)Arson is:
(1)Knowingly, by means of fire or explosive damaging any building or property which:
(A)Is a dwelling in which another person has any interest without the consent of such other person;
(B)is a dwelling with intent to injure or defraud an insurer or lienholder;
(C)is not a dwelling in which another person has any interest without the consent of such other person; or
(D)is not a dwelling with intent to injure or defraud an insurer or lienholder;
(2)accidentally, by means of fire or explosive, as a result of manufacturing or attempting to manufacture a controlled substance or controlled substance analog in violation of K.S.A. 21-5703 , and amendments thereto, damaging any building or property which is a dwelling; or
(3)accidentally, by means of fire or explosive as a result of manufacturing or attempting to manufacture a controlled substance or controlled substance analog in violation of K.S.A. 21-5703 , and amendments thereto, damaging any building or property which is not a dwelling.
(b)Aggravated arson is arson, as defined in subsection (a):
(1)Committed upon a building or property in which there is a human being; or
(2)which results in great bodily harm or disfigurement to a firefighter or law enforcement officer in the course of fighting or investigating the fire.
(1)Arson as defined in:
(A)Subsection (a)(1)(A) or (a)(1)(B) is a severity level 6, person felony;
(B)subsection (a)(1)(C), (a)(1)(D) or (a)(3) is a severity level 7, nonperson felony; and
(C)subsection (a)(2) is a severity level 7, person felony.
(2)Aggravated arson as defined in:
(A)Subsection (b)(1) is a:
(i)Severity level 3, person felony, if such crime results in a substantial risk of bodily harm; and
(ii)severity level 6, person felony, if such crime results in no substantial risk of bodily harm; and
(B)subsection (b)(2) is a severity level 3, person felony.