{"id":373191,"date":"2018-07-23T16:08:37","date_gmt":"2018-07-23T21:08:37","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/indiana-law\/indiana-arson-laws.html"},"modified":"2018-07-24T17:59:57","modified_gmt":"2018-07-24T22:59:57","slug":"indiana-arson-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/indiana-law\/indiana-arson-laws.html","title":{"rendered":"Indiana Arson Laws"},"content":{"rendered":"\n
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Indiana Arson Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

People commit arson<\/a> when they deliberately set fires to (or detonate explosives in) buildings, wildlife areas, or other structures and the action results in property damage. Although the intention is usually to cause damage to property<\/a>, the potential for personal injury is high. This makes arson a very dangerous and serious crime that is punished accordingly.<\/p>\r\n

Arson Felony Categories<\/h2>\r\n

Indiana doesn’t divide arson into degrees, but the state does have different felony levels for arson offenses. Level 2 is the highest level for arson and carries the highest penalties and Level 6 is the least serious offense with the least severe penalties. It’s considered a "wobbler" offense, which means that the crime can be charged as either a misdemeanor<\/a> or a felony.<\/p>\r\n

An individual commits a separate offense for each person who suffers a bodily injury or serious bodily injury that is caused by the violation of Indiana’s arson laws.<\/p>\r\n

Indiana Arson Laws at a Glance<\/h2>\r\n

An attorney’s statutory analysis is preferable, especially when it comes to criminal law and complex cases. However, anyone can get to the essence of a statute with a no-nonsense explanation written in everyday language. The chart below is intended to explain Indiana arson laws.<\/p>\r\n\r\n

Statute<\/b><\/p>\r\n<\/td>\r\n

Indiana Code Section 35-43-1-1<\/a><\/p>\r\n<\/td>\r\n<\/tr>

 <\/p>\r\n

Felony Level 4,3,2 Arson<\/b><\/p>\r\n

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Arson: Level 4 Felony<\/i><\/p>\r\n

An individual (by means of fire, explosive, or destructive device) knowingly or intentionally damages:<\/p>\r\n

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  • A dwelling of another person without the other person’s consent;<\/li>\r\n
  • Property of any person under circumstances that endanger human life;<\/li>\r\n
  • Property of another person without the other person’s consent if the pecuniary loss is at least $5,000; or<\/li>\r\n
  • A structure used for religious worship without the consent of the owner of the structure.<\/li>\r\n<\/ul>\r\n

    Level 2 if it results in serious bodily injury to any person other than the defendant.<\/p>\r\n

    Arson For Hire: Level 4 Felony<\/i><\/p>\r\n

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    • Level 3 if it results in bodily injury to any other person.<\/li>\r\n
    • Level 2 if it results in serious<\/b> bodily injury to any other person.<\/li>\r\n<\/ul>\r\n

      Level 3 if it results in bodily injury to any other person besides the defendant.<\/p>\r\n

      Level 2 if it results in serious<\/b> bodily injury to any person other than the defendant.<\/p>\r\n<\/td>\r\n<\/tr>

Felony Level 6 Arson<\/b><\/p>\r\n<\/td>\r\n

Arson with intent to defraud: damages another’s property with the intent to defraud is a Level 6 felony.<\/p>\r\n

Arson damaging another’s property without their consent and resulting financial loss is at least $250 but less than $5,000 is a Level 6 felony.<\/p>\r\n<\/td>\r\n<\/tr>

Possible Penalties<\/b><\/p>\r\n<\/td>\r\n

The actual penalties depend on the specific circumstances of the case and on factors such as the defendant’s criminal history.<\/p>\r\n

Level 2 Arson is punishable by 10-30 years in prison, fine up to $10,000.<\/p>\r\n

Level 3 Arson is punishable by 3-16 years in prison, fine up to $10,000.<\/p>\r\n

Level 4 Arson is punishable by 2-12 years in prison, fine up to $10,000.<\/p>\r\n

Level 6 Arson may be punished as either a misdemeanor or a felony.<\/p>\r\n