According to CRS § 18-4-105, 4th-degree arson in Colorado is when a person “knowingly or recklessly starts or maintains a fire or causes an explosion, on his own property or that of another, and by so doing places another in danger of death or serious bodily injury or places any building or occupied structure of another in danger of damage.”
Fourth-degree arson is a class 4 felony if you endanger a person. Otherwise, the penalties depend on the value of the property endangered.
There are 4 degrees of arson (from most serious to least serious), as the following table spells out:
| Colorado Arson Crime | Penalties (generally) |
| First degree (CRS 18-4-102): knowingly damaging someone else’s building or occupied structure with fire or explosives. | Of an occupied structure: Class 3 felony – 4 to 12 years in prison and/or $3,000 to $750,000 Of a building: Class 4 felony – 2 to 6 years in prison and/or $2,000 to $500,000 |
| Second degree (CRS 18-4-103): burning a building or occupied structure without the owner’s consent. | A felony, misdemeanor, or petty offense depending on the value of the endangered property |
| Third degree (CRS 18-4-104): setting fire in order to defraud someone. | Class 5 felony – 1 to 3 years in prison and/or $2,000 to $500,000 |
| Fourth degree (CRS 18-4-105): endangering someone else or their property by setting a fire. | If someone is endangered Class 4 felony – 2 to 6 years in prison and/or $2,000 to $500,000 If no one is endangered A felony, misdemeanor, or petty offense depending on the value of the endangered property |
You could also have to pay the victim restitution for the property damage.
In this article, our Denver Colorado criminal defense attorneys will explain the following arson-4th topics:
Fourth-degree arson is treated as a Class 4 Felony in Colorado.
1. Elements
CRS 18-4-105 prohibits fourth-degree arson, which is putting someone else or their property in danger of a fire you started or maintained. What makes fourth-degree arson different from other degrees are:
- There does not have to be any injuries or property damage, and
- The fire or explosion threatens property or people.
What does it mean to “endanger” someone or their property?
To endanger someone or their property means to put them at risk of death, serious bodily injury, or property damage as a result of the fire. This risk does not have to be imminent.1
The risk also does not have to be severe – the threatened damage can be minor.2 Whether a fire or explosion endangered someone or their property is a question the jury will have to decide.
Do I have to intend to start or maintain the fire?
No. You only have to start the fire recklessly to commit fourth-degree arson. You do not have to act knowingly.3
Therefore, you can violate CRS 18-4-105 even if you did not foresee the consequences and were unaware of the danger you caused.4 If firefighters respond to the blaze – and are therefore endangered – that can trigger fourth-degree arson charges as well.5
What kind of property has to be endangered?
CRS 18-4-105 applies when a fire or explosion threatens a:
- Building or
- Occupied structure.
A building is something that was designed to house people, animals, or property.6 It does not have to be occupied when threatened by the fire. Examples of buildings include a:
- Dwelling,
- Garage,
- Truck trailer,7 and
- Mobile home.8
An occupied structure is an area or enclosure where there are currently people or animals.9 Examples include a:
- Campground,
- Car, and
- Outdoor dog kennels.10
There are many possible ways to fight arson charges.
2. Defenses
Here at Colorado Legal Defense Group, we have represented countless people charged with arson. In our experience, the following three defenses have proven very effective at getting these charges reduced or dismissed.
(Other potential defenses include law enforcement misconduct, such as if the police officer coerced a confession.)
No One Was Put in Danger
If neither property nor people were put in danger, you cannot be liable for fourth-degree arson. Additionally, if only property was imperiled, the penalties of a conviction are lower.
The Fire Was Accidental
Fourth-degree arson requires the fire or explosion to be at least recklessly set. You cannot be held liable for fourth-degree arson if the fire was an accident.
You Were Performing a Controlled Agricultural Burn
A controlled agricultural burn is a farming technique. It clears the land of crop residue and weeds by setting them on fire.
CRS 18-4-105 explicitly says reasonably cautious and controlled agricultural burns that do not hurt anyone are not fourth-degree arson.
3. Penalties
Fourth-degree arson is a class 4 felony if a person is endangered. The sentence is:
- 2 to 6 years in prison and/or
- $2,000 to $500,000.
If no one is endangered, the punishment for fourth-degree arson turns on the value of the property endangered, as the following table shows:
| Value of Property | Colorado 4th-Degree Arson Penalties |
| Less than $300 | Petty offense: Up to 10 days in jail and/or a fine of up to $300 |
| $300 to less than $1,000 | Class 2 misdemeanor: Up to 120 days in jail and/or a fine of up to $750 |
| $1,000 to less than $2,000 | Class 1 misdemeanor: Up to 364 days in jail and/or a fine of up to $1,000 |
| $2,000 to less than $5,000 | Class 6 felony: 1 to 18 months years in prison and/or $1,000 to $100,000 |
| $5,000 to less than $20,000 | Class 5 felony: 1 to 3 years in prison and/or $1,000 to $100,000 |
| $20,000 to less than $100,000 | Class 4 felony: 2 to 6 years in prison and/or $2,000 to $500,000 |
| $100,000 to less than $1,000,000 | Class 3 felony: 4 to 12 years in prison and/or $3,000 to $750,000 |
| $1,000,000 or more | Class 2 felony: 8 to 24 years in prison and/or $5,000 to $1,000,000 |
Judges can also force you to pay restitution to the victim.11
4. Related Offenses
- First-degree arson (CRS 18-4-102)
- Second-degree arson (CRS 18-4-103)
- Third-degree arson (CRS 18-4-104)
- Criminal mischief (CRS 18-4-501)
Additional Resources
For more in-depth information on arson laws, refer to these scholarly articles:
- The Evolution of Fire Investigation and its Impact on Arson Cases – Criminal Justice.
- The Metamorphosis of the Law of Arson – Missouri Law Review.
- Assessment, Treatment and Sentencing of Arson Offenders: An Overview – Psychiatry, Psychology, and Law.
- Legal Aspects of Arson – Journal of Criminal Law, Criminology & Police Science.
- The Crime of Arson – Journal of Criminal Law & Criminology.
Legal References:
- § 18-4-105 CRS. The full language of the code section reads as follows:
(1) A person who knowingly or recklessly starts or maintains a fire or causes an explosion, on his own property or that of another, and by so doing places another in danger of death or serious bodily injury or places any building or occupied structure of another in danger of damage commits fourth degree arson.
(2) Fourth degree arson is a class 4 felony if a person is thus endangered.
(3) Fourth degree arson is:
(a) A petty offense if only property is thus endangered and the value of the property is less than three hundred dollars;
(b) A class 2 misdemeanor if only property is thus endangered and the value of the property is three hundred dollars or more but less than one thousand dollars;
(c) A class 1 misdemeanor if only property is thus endangered and the value of the property is one thousand dollars or more but less than two thousand dollars;
(d) A class 6 felony if only property is thus endangered and the value of the property is two thousand dollars or more but less than five thousand dollars;
(e) A class 5 felony if only property is thus endangered and the value of the property is five thousand dollars or more but less than twenty thousand dollars;
(f) A class 4 felony if only property is thus endangered and the value of the property is twenty thousand dollars or more but less than one hundred thousand dollars;
(g) A class 3 felony if only property is thus endangered and the value of the property is one hundred thousand dollars or more but less than one million dollars; and
(h) A class 2 felony if only property is thus endangered and the value of the property is one million dollars or more.
(4) Repealed.(5) It shall not be an arson offense pursuant to this section if:
(a) A person starts and maintains a fire as a controlled agricultural burn in a reasonably cautious manner; and
(b) No person suffers any of the following as a result of the fire:
(I) Bodily injury;
(II) Serious bodily injury; or
(III) Death.
(6) For purposes of this section, “controlled agricultural burn” means a technique used in farming to clear the land of any existing crop residue, kill weeds and weed seeds, or reduce fuel buildup and decrease the likelihood of a future fire.
See also People v. Garcia, 541 P.2d 687 (1975).
- People v. Garcia, Supra.
- People v. Garcia, Supra.
- Copeland v. People, 2 P.3d 1283 (Colo. 2000).
- Copeland v. People, Supra
- C.R.S. § 18-4-101(1).
- People v. Simien, 671 P.2d 1021 (Colo. App. 1983).
- People ex rel. VanMeveren v. District Court, 619 P.2d 494 (Colo. 1980).
- Colorado Revised Statute § 18-4-101(1).
- People v. Moyer, 635 P.2d 553 (Colo. 1981).
- CRS 18-4-105. Before March 1, 2022, if property worth $100 or more was endangered (and no person was endangered), 4th degree arson was a class 2 misdemeanor carrying 3 to 12 months in jail and/or $250 to $1,000 in fines. If the property was worth $99 or less (and no person was endangered), then 4th degree arson was a class 3 misdemeanor carrying up to 6 months in jail and/or $50 to $750 in fines. SB21-271.