CRS 18-4-103 is the Colorado statute that defines the crime of second-degree arson. Arson in the second degree involves damaging someone else's property using fire or an explosion. However, that property is not a building or occupied structure. Convictions for second-degree arson are usually Class 4 felonies. If the property damage was less than $100, though, it is a Class 2 misdemeanor.
In addition to second-degree arson, there are 3 other types of arson in Colorado. They are:
- First-degree arson (CRS 14-4-102). This prohibits knowingly damaging someone else's building or occupied structure with fire or explosives.
- Third-degree arson (CRS 18-4-104). This makes it a crime to set fire in order to defraud someone. It often involves an attempt to collect fire insurance money.
- Fourth-degree arson (CRS 18-4-105). This makes it illegal to endanger someone else or their property by setting a fire.
- Excited that the Chargers won the Super Bowl, Ted and Daniel set fire to David's mattress.
There are several legal defenses to a charge of second-degree arson:
- You did not knowingly set the fire or explosion,
- The owner consented to the fire, and
- The value of the property was below $100.
The penalties of a conviction for second-degree arson depend on the value of the property.
If there was more than $100 in damages, the penalties are:
- Between 2 and 6 years in jail, and
- A fine of at least $2,000
If there was less than $99 in damage, the penalties are:
- 3 to 12 months in jail, and
- Fines of at least $250.
In addition to the fines and jail time, you could also have to pay restitution to the victim.
In this article, our Colorado criminal defense attorneys will explain:
- 1. What is second-degree arson under CRS 18-4-103?
- 1.1 What is a “building or occupied structure” in Colorado's arson law?
- 1.2 Who is the “owner” of a building?
- 1.3 What constitutes “damage”?
- 2. Legal defenses to a charge of second-degree arson in Colorado
- 2.1 You did not knowingly start the fire
- 2.2 The property owner consented
- 2.3 The value of the property was below $100
- 3. What are the penalties of a conviction for arson in the second degree?
- 4. Related offenses to second-degree arson under CRS 18-4-103
1. What is second-degree arson under CRS 18-4-103?
Second-degree arson in Colorado is defined by CRS 18-4-103. This statute makes it a crime to knowingly damage someone else's property with a fire or explosion without their consent. It does not cover buildings or occupied structures that get damaged.
The factors that make an arson accusation second-degree arson are:
- The property is owned by someone else,
- The damaged property was not a building or occupied structure, and
- There was damage to the property.
1.1. What is a “building or occupied structure” in Colorado's arson law?
Colorado's second-degree arson law only covers property that is not a building or occupied structure.
A building is a structure that was designed to house animals, people, or property.1 A building does not actually have to be occupied at the time for there to be arson. Examples of a “building” under CRS 18-4-103 include a:
- Garage, including a detached garage,
- Recreation vehicle,
- Trailer of a truck,2 and
- Mobile home.3
An occupied structure under CRS 18-4-103 is an enclosure or area that can be used by people or animals. To be an “occupied structure” under Colorado's arson laws, the area does have to be occupied at the time of the offense.4
Occupied structures can include:
- A campground,
- A tent,
- An outhouse,
- An occupied car, or
- An outdoor dog kennel.5
Setting fire to any of these objects leads to charges of arson in the first degree. Second-degree arson charges under CRS 18-4-103 are for damaging any other type of property.
1.2. Who is the “owner” of a building?
CRS 18-4-103 outlaws committing arson on someone else's property. An owner is anyone with a possessory or a proprietary interest in the property.6
1.3. What constitutes “damage”?
Second-degree arson requires there to be property damage.
Completely destroying the property is not necessary for a second-degree arson accusation.7 However, there has to be more than just scorch marks or discoloration.8 Colorado courts have decided that the property has to change in the fire or ignite in flames.9
2. Legal defenses to a charge of second-degree arson in Colorado
There are numerous legal defenses you can use to defend against a charge of arson in the second degree. The most common are:
- You did not knowingly start the fire,
- The owner of the property consented to the fire, and
- The property was worth $99 or less.
2.1. You did not knowingly start the fire
You can only be liable for second-degree arson if you knowingly cause a fire or explosion. It is up to the prosecutor to prove this element of the crime. They have to prove it beyond a reasonable doubt.
2.2. The property owner consented
If the owner of the damaged property consented to its destruction, you cannot be liable for second-degree arson. For consent to be a defense, though, all of the property owners have to consent to its destruction.
Example: Ted and Daniel want to burn David's mattress to celebrate a Super Bowl win. David agrees.
2.3. The value of the property was below $100
Challenging the value of the property damage can reduce the severity of the penalties.
CRS 18-4-103 specifies 2 different crime classes for second-degree arson:
- When there was under $100 in damage, it is a Class 2 misdemeanor,
- When there was $100 or more in damage, it is a Class 4 felony.
3. What are the penalties of a conviction for arson in the second degree?
Second-degree arson under CRS 18-4-103 is a Class 4 felony when there was $100 or more in damage. A conviction for this type of arson comes with:
- A minimum fine of $2,000, and
- Between 2 years and 6 years in jail.
However, second-degree arson is a Class 2 misdemeanor when there was $99 or less in damage. A conviction for this type of offense carries:
- A minimum fine of $250, and
- Between 3 months and 1 year in jail.
Judges can also force defendants to pay restitution to the victim.
4. Related offenses to second-degree arson under CRS 18-4-103
Certain crimes are related to second-degree arson in Colorado. Some of these are charged along with second-degree arson charges under CRS 18-4-103:
- First-degree arson (CRS 18-4-102). This is the crime of damaging a building or occupied structure with a fire or explosion.
- Third-degree arson (CRS 18-4-104). This involves setting something on fire for the purpose of fraud.
- Fourth-degree arson (CRS 18-4-105). This is the crime of putting other people or property at risk by starting a fire.
- Criminal mischief (CRS 18-4-501). This is the crime of knowingly damaging someone's property without their consent.
Call us for help…
You can use legal help if you have been accused of second-degree arson. Contact our Colorado criminal defense lawyers for the representation you need.
C.R.S. § 18-4-101(1).
C.R.S. § 18-4-101(1).
C.R.S. § 18-4-101(3).
People v. LeFebre, Supra.
People v. LeFebre, Supra.