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ARSON - Texas Laws and Punishment

Call me if you have any questions or would like to talk in private. 713 890 2555

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

Categories: Criminal Defense, Arson
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