Is arson a felony?

Arson is deliberately setting fire to, or causing an explosion in, a building or other property. California defines it as willfully and maliciously setting fire to or burning any structure, forest land or property.^1,2,3

Texas covers starting a fire or causing an explosion with intent to destroy or damage a building, habitation or vehicle under listed conditions, such as the property being insured, mortgaged or owned by someone else. Florida covers willfully and unlawfully damaging a dwelling, a structure or its contents by fire or explosion.

Burning your own property can still be arson. Pennsylvania and Florida cover fires on a person's own property, and several states add penalties for burning property to collect insurance.^3,4,5

Pennsylvania's arson offenses apply whether the fire is set on the person's own property or on someone else's. Florida's second-degree arson covers a structure whether the property of the person or another. Ohio makes it a felony to cause or risk harm to a person's own or another's property by fire with purpose to defraud.

Starting a fire recklessly, without meaning to destroy property, is usually a lesser charge. California calls it unlawfully causing a fire, and Pennsylvania calls it reckless burning or exploding.^4,6,7

New York's lowest arson grade covers recklessly damaging a building or motor vehicle by intentionally starting a fire or causing an explosion.

Burning low-value property can be a misdemeanor. In California, recklessly burning property that is not a structure or forest land is a misdemeanor. In Ohio, arson of someone else's property, or of someone else's structure that is not an occupied structure, is a first-degree misdemeanor when the value or harm is under $1,000.^5,6,8,9

Virginia punishes maliciously burning personal property worth less than $1,000 as a Class 1 misdemeanor, and burning an empty building or structure valued under $1,000 the same way when no other Virginia burning law covers it. Pennsylvania's dangerous burning, which is intentionally or recklessly starting a fire to endanger a person or property, is a summary offense.

Setting fire to a building is generally a felony, whether or not anyone is hurt. Texas, Florida, California, New York and Pennsylvania all treat it as one. The grade depends on the state and on what was burned.^{1,2,3,4,5,9,10}

Texas makes arson a second-degree felony. Florida makes arson of an empty structure a second-degree felony. California punishes arson of a structure with 2, 4 or 6 years in state prison. New York makes intentionally damaging a building or motor vehicle by fire a class C felony. Pennsylvania makes arson endangering property a second-degree felony. Ohio makes burning someone else's structure that is not an occupied structure a misdemeanor when the value or harm is under $1,000, and Virginia does the same for an empty building or structure worth under $1,000 that its other burning laws do not cover.

Burning a home or an occupied building is graded higher. It is a first-degree felony in Texas (a habitation), Florida (a dwelling, occupied or not) and Pennsylvania (an inhabited building). It is a Class D felony in North Carolina if the dwelling was occupied.^{1,2,3,4,11,12,13}

New York makes it a class B felony when the person knows or has reason to think someone is inside the building or vehicle. California punishes arson of an inhabited structure with 3, 5 or 8 years. Virginia punishes maliciously burning a dwelling house with life or any period of at least five years, or as a Class 4 felony if it was unoccupied.

Injury or death raises the grade. In Texas, arson that causes bodily injury or death is a first-degree felony. In California, arson causing great bodily injury carries 5, 7 or 9 years in state prison. In Pennsylvania, arson that causes a death is second-degree murder.^1,2,4,14

Ohio's aggravated arson, creating a substantial risk of serious physical harm to a person, is a first-degree felony. Pennsylvania's aggravated arson, which includes causing bodily injury to anyone, is also a first-degree felony.

Setting a fire to collect insurance money is treated seriously. In Pennsylvania it is a second-degree felony, and in Ohio a fourth-degree felony. Virginia's burning laws also name intent to defraud an insurance company.^4,5,9

Pennsylvania covers a fire set to destroy or damage any property, even the person's own, to collect insurance. Ohio covers causing or risking harm to property by fire with purpose to defraud.

Texas

Texas: arson is a second-degree felony. It is a first-degree felony if anyone is injured or killed, or if the target is a habitation or a place of assembly or worship.²

Recklessly starting a fire while making a controlled substance, with damage to a building or vehicle, is a state jail felony. Intentionally starting a fire and recklessly damaging someone else's building or causing injury is also a state jail felony.

Florida

Florida: arson of a dwelling, or of a structure where people are normally present or that the person knew was occupied, is first-degree arson, a first-degree felony. Arson of any other structure is second-degree arson, a second-degree felony.³

California

California: arson is a felony in every form, punished in state prison. Unlawfully causing a fire, which is reckless, can be punished as a felony or by county jail or a fine when it burns a structure or forest land, and is a misdemeanor for other property.^1,6,15

Arson of property that is not a structure or forest land carries 16 months, 2 or 3 years. Reckless fires that cause great bodily injury or burn an inhabited structure can be punished in state prison or county jail.

New York

New York: arson in the fourth degree (reckless) is a class E felony, the third degree (intentional damage to a building or motor vehicle) is class C, the second degree (a person present) is class B, and the first degree is class A-I.^7,10,12,16

First-degree arson requires an incendiary device, an explosive, serious physical injury, or a fire set for financial gain, and a person present who is not a participant.

Pennsylvania

Pennsylvania: arson endangering persons and aggravated arson are first-degree felonies. Arson endangering property is a second-degree felony. Reckless burning or exploding is a third-degree felony.⁴

Arson of a historic resource is a second-degree felony. Dangerous burning is a summary offense.

Ohio

Ohio: aggravated arson is a first-degree felony when it creates a risk of serious physical harm to a person and a second-degree felony when it harms an occupied structure. Arson of another person's property or an unoccupied structure is a fourth-degree felony at $1,000 or more of harm and a first-degree misdemeanor below that.^5,14

Virginia

Virginia: burning a dwelling house is a felony punishable by life or at least five years in prison, or a Class 4 felony if it was unoccupied. Burning another kind of building with someone inside is generally a Class 3 felony, and burning an empty one is generally a Class 4 felony.^8,9,13,17

Under Virginia's catch-all law for other buildings and structures, burning an empty one worth less than $1,000 is a Class 1 misdemeanor. Burning personal property worth $1,000 or more is a Class 4 felony, and less is a Class 1 misdemeanor.

North Carolina

North Carolina: arson of an occupied dwelling is first-degree arson, a Class D felony. Arson of an unoccupied dwelling is second-degree arson, a Class E felony.^11,18

Burning a building owned or occupied by the state or a local government is a Class F felony.

18 U.S.C. § 844(i)

Federal law punishes maliciously damaging or destroying, by fire or explosive, property used in interstate commerce or in an activity affecting it. The penalty is 5 to 20 years in prison, and 7 to 40 years if someone is injured.¹⁹

If death results, the penalty can be any term of years, life, or death. The law is 18 U.S.C. section 844(i).