30-17-5. Arson and negligent arson.
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/nm/chapter-30-criminal-offenses/article-17-fire/30-17-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Arson consists of a person maliciously or willfully starting a fire or causing an explosion with the purpose of destroying or damaging:
(1)a building, occupied structure or property of another person;
(2)a bridge, utility line, fence or sign; or
(3)any property, whether the person's own property or the property of another person, to collect insurance for the loss.
B. Whoever commits arson when the damage is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.
C. Whoever commits arson when the damage is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.
D. Whoever commits arson when the damage is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.
E. Whoever commits arson when the damage is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.
F. Whoever commits arson when the damage is over twenty thousand dollars ($20,000) is guilty of a second degree felony.
G. Negligent arson consists of a person recklessly starting a fire or causing an explosion, whether on the person's property or the property of another person, and thereby directly:
(1)causing the death or bodily injury of another person; or
(2)damaging or destroying a building or occupied structure of another person.
H. Whoever commits negligent arson is guilty of a fourth degree felony.
I. As used in this section, "occupied structure" includes a boat, trailer, car, airplane, structure or place adapted for the transportation or storage of property, for overnight accommodations of persons or for carrying on business therein, whether or not a person is actually present.
History: 1953 Comp., § 40A-17-5, enacted by Laws 1970, ch. 39, § 1; 2006, ch. 29, § 16.