You may have been charged with arson for allegedly setting fire to a building. But then you soon learn that you could face extensive prison time because the arson was really “aggravated arson.” Is there really such a crime?
Yes. Simple arson generally refers to the crime where you willfully and maliciously set fire to some type of structure, vehicle, or forest land. By contrast, you could face aggravated arson charges if you commit arson and either:
- a person was injured or killed in the fire,
- a person was in or near the structure or property that you set fire to, or
- a first responder was injured.
Most jurisdictions treat both arson and aggravated arson as serious felonies (as opposed to misdemeanors). If you are convicted of aggravated arson, though, instead of simple arson, you will typically receive a longer prison sentence.
1. Simple Arson
The legal definition of “arson” is the intentional setting fire to any:
- property,
- building, or
- structure.1
Some states break the crime down into different degrees depending on the type of property that you set fire to.
For example, the varying degrees in arson cases could include:
- first degree arson if you set fire to inhabited structures or occupied vehicles,
- second degree arson if you set fire to an abandoned structure,
- third degree arson if you set fire to an unoccupied vehicle or vegetation, and
- fourth degree arson if you set fire to anything else.2
Most states treat simple arson as a serious felony, punishable by several years in state prison. Note, though, that some states say that simple arson could result in less severe misdemeanor charges depending on the facts of the case.3
2. Aggravated Arson
In general, you commit aggravated arson if you:
- burn or blow up some type of property, and
- at the time, foresaw that someone was close enough to the property that they could be injured in the act.4
Some states also say you commit aggravated arson if you commit arson and either:
- a person suffered great bodily harm/great bodily injury, or permanent disability or disfigurement as a result of the fire or explosion, or
- a firefighter, law enforcement officer, or correctional officer was acting in the line of duty because of the fire and was injured as a result of the fire or explosion.5
As with simple arson, aggravated arson will result in felony charges. Since the crime is more severe than simple arson, you could face a longer prison sentence with an aggravated arson conviction.
3. Aggravating Factors
They may. If certain aggravating factors are present in a case, they could lead a prosecutor to file an aggravated arson charge rather than a simple arson charge.
For example, the State of California says you are guilty of aggravated arson if one or more of the following aggravating factors exists:
- you were convicted of arson at least one time in the last 10 years,
- you caused more than 10,100,000, exclusive of damage to, or destruction of, inhabited dwellings, and/or
- you damaged at least five inhabited dwellings with an act of arson.6
4. Burning Your Own Property
Not necessarily. Many arson cases arise when people burn their personal property (often real property) in order to collect on insurance.
The mere act of burring your own property, on its own, will not elevate an arson case to aggravated arson. However, if you commit the act with an intent to defraud, then it may lead to the additional charge of insurance fraud.
Legal References:
- Black’s Law Dictionary, Sixth Edition – “Arson.” See also Model Penal Code 220.1(1).
- See, for example, Nevada Revised Statutes 205.010 – 205.025.
- For example, under Colorado law, you could face misdemeanor arson charges if you set fire to any property of another without his/her consent, other than a building or occupied structure, and cause less than $100 in damage. See Colorado Revised Statutes 18-4-103.
- Black’s Law Dictionary, Sixth Edition – “Arson.” See also S
- See, for example, 720 Illinois Compiled Statutes 5/20-1.1.
- California Penal Code 451.5. SB 281 (2023).
