{"id":375379,"date":"2018-01-23T13:50:36","date_gmt":"2018-01-23T18:50:36","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/north-carolina-law\/north-carolina-arson-laws.html"},"modified":"2018-01-31T16:33:59","modified_gmt":"2018-01-31T21:33:59","slug":"north-carolina-arson-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/north-carolina-law\/north-carolina-arson-laws.html","title":{"rendered":"North Carolina Arson Laws"},"content":{"rendered":"\n
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North Carolina 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

The offense of arson<\/a> is arguably one of the most dangerous crimes that you can commit. Although categorized as a property crime,<\/a> it is much more serious than other property crimes such as vandalism because arson has the potential to cause personal injury including bodily harm or even death. Because of the possible threat to human life, arson is generally a felony offense with severe penalties.<\/p>\n

Degrees of Arson<\/h2>\n

North Carolina recognizes two degrees of arson: first degree and second degree. First degree, the more serious of the arson offenses, occurs when an individual intentionally burns someone’s dwelling, mobile home or trailer and the structure is occupied at the time of the burning. If the dwelling burned was unoccupied at the time of the burning, then the offense is arson in the second degree. First degree arson is punishable as a Class D felony; second degree is punishable as a Class G felony.<\/p>\n

Types of Buildings and Structures<\/h2>\n

North Carolina’s arson laws also make stark distinction based on the types of involved. There are separate offenses for the burning of certain government buildings such as the State Capitol and the Legislative Building and the building of schools, churches, and other religious buildings. All of these crimes are Class H felonies.<\/p>\n

North Carolina Arson Laws at a Glance<\/h2>\n

The chart below provides a summary of laws related to North Carolina’s arson laws, including links to important code sections.<\/p>\n\n

Statutes<\/b><\/p>\n<\/td>\n

Penalties and Sentencing<\/b><\/td>\n

North Carolina uses a complex sentencing formula; the actual sentence will depend on factors such as prior criminal history. The following are general sentencing guidelines.<\/p>\n

First degree arson<\/b><\/p>\n

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  • The intentional burning of another’s dwelling and the dwelling is occupied or the willful and malicious burning of any mobile home, manufactured-type house or trailer home that is the dwelling of another and was occupied during the burning.<\/li>\n
  • Class D felony, punishable by 38-160 months incarceration.<\/li>\n<\/ul>\n

    Second degree arson<\/b><\/p>\n

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    • Intentional burning of another’s dwelling and the dwelling is unoccupied.<\/li>\n
    • Class G felony, punishable by 8 -31 months.
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      Class H felony
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      • Punishable by 4-25 months incarceration<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Possible Defenses<\/b><\/p>\n<\/td>\n

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  • Mistake of fact<\/li>\n
  • The incident was accidental<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Related Offenses<\/b><\/p>\n<\/td>\n