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In Texas, the crime of Arson is broken down as follows:
ARSON - VEGETATION, FENCE, OR STRUCTURE ON OPEN-SPACE LAND
* 1st Degree Felony if:
- Bodily injury or death was suffered by any person by reason of the commission of the offense, or
- The PROPERTY intended to be damaged or destroyed by the actor was a HABITATION or palce of assemply or worship.
* 2nd Degree Felony
Elements:
* A person
* Starts a fire, regardless of whether the fire continues after ignition, OR causes an explosion
* With the Intent to destroy or damage
* Any vegetation, fence, or structure on OPEN SPACE LAND, and
* The fire or explosion was not part of the CONTROLLED BURNING of OPEN SPACE LAND
ARSON - WITHIN CITY LIMITS
*1st Degree Felony if:
- Bodily injury or death was suffered by any person by reason of the commision of the offense, or
- The propery intended to be damaged or destroyed by the actor was a habitation or a place of assembly or worship
* 2nd Degree Felony
Elements:
* A person
* Starts a fire, regardless of whether the fire continues after ignition, OR causes an explosion
* With intent to destroy or damage
* Any building, habitation, or vehicle
* Knowing that it is within the limits of an incorporated city or town
ARSON - INSURED PROPERTY
*1st Degree Felony if:
- bodily injury or death was suffered by any person by reason of the commission of the offense, OR
- The property intended to be damaged or destroyed by the actor was a habitation or place of assembly or worship
* 2nd Degree Felony
ELEMENTS:
* A person
* Starts a fire, regardless of whether the fire continues after ignition, OR, causes an explosion
* With intent to detroy or damage
* Any building, habitation, or vehicle
* Knowing that it is insured against damage or destruction
ARSON - PROPERTY SUBJECT TO SECURITY INTEREST
*1st Degree Felony if:
- bodily injury or death was suffered by any person by reason of the commission of the offense, OR
- The property intended to be damaged or destroyed by the actor was a habitation or place of assembly or worship
* 2nd Degree Felony
ELEMENTS:
* A person
* Starts a fire, regardless of whether the fire continues after ignition, OR, causes an explosion
* With intent to detroy or damage
* Any building, habitation, or vehicle
* Knowing that it is subject to a mortgage or other security interest
ARSON - ON PROPERTY BELONGING TO ANOTHER
*1st Degree Felony if:
- bodily injury or death was suffered by any person by reason of the commission of the offense, OR
- The property intended to be damaged or destroyed by the actor was a habitation or place of assembly or worship
* 2nd Degree Felony
ELEMENTS:
* A person
* Starts a fire, regardless of whether the fire continues after ignition, OR, causes an explosion
* With intent to detroy or damage
* Any building, habitation, or vehicle
* Knowing that it is located on property belonging to another
ARSON - LOCATED WITHIN IT PROPERTY BELONGING TO ANOTHER
*1st Degree Felony if:
- bodily injury or death was suffered by any person by reason of the commission of the offense, OR
- The property intended to be damaged or destroyed by the actor was a habitation or place of assembly or worship
* 2nd Degree Felony
ELEMENTS:
* A person
* Starts a fire, regardless of whether the fire continues after ignition, OR, causes an explosion
* With intent to detroy or damage
* Any building, habitation, or vehicle
* Knowing that it has located within it property belonging to another
ARSON - RECKLESSLY ENDANGERS LIFE OR SAFETY OF PROPERTY OF ANOTHER
*1st Degree Felony if:
- bodily injury or death was suffered by any person by reason of the commission of the offense, OR
- The property intended to be damaged or destroyed by the actor was a habitation or place of assembly or worship
* 2nd Degree Felony
ELEMENTS:
* A person
* Starts a fire, regardless of whether the fire continues after ignition, OR, causes an explosion
* With intent to detroy or damage
* Any building, habitation, or vehicle, AND
* Is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another
ARSON - WHILE MANUFACTURING OR ATTEMPTING TO MANUFACTURE CONTROLLED SUBSTANCE
*3rd Degree Felony, if bodily injury or death was suffered by any person by reason of the commission of the offense
* State Jail Felony
ELEMENTS:
* A person
* Starts a fire, regardless of whether the fire continues after ignition, OR, causes an explosion
* While manufacturing or attempting to manufacture a controlled substance, and
* The fire or explosion damages any building, habitation, or vehicle
ARSON
* State Jail Felony
ELEMENTS:
* A person
* Intentionally
* Starts a fire, OR, causes an explosion AND
* Recklessly damages or destroys a building belonging to another, OR, causes another person to suffer bodily injury or death