{"id":376568,"date":"2017-12-28T14:34:38","date_gmt":"2017-12-28T19:34:38","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-arson-laws.html"},"modified":"2018-01-17T16:58:01","modified_gmt":"2018-01-17T21:58:01","slug":"texas-arson-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-arson-laws.html","title":{"rendered":"Texas Arson Laws"},"content":{"rendered":"\n
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Texas 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

Fires can start for many reasons, but when an individual deliberately starts a fire, he or she may be committing the crime of arson<\/a>. As in most states, Texas considers arson to be a serious offense. Generally speaking, a person commits arson in Texas if they start a fire or cause an explosion with the intent<\/a> to destroy property. There may be more serious charges if death or serious bodily injuries occur as a result of arson. Read on to find a more detailed explanation of Texas arson laws.<\/p>\n

Conduct that Constitutes Arson in Texas<\/h2>\n

Several different circumstances can result in an arson charge. These can include fires intended to damage or destroy fences, vegetation, or structures on open-space land. Starting a fire with the intent to damage a home, building, or vehicle knowing<\/i> that it is within city limits, insured, subject to a security interest (such as a mortgage) or located on someone else’s property is also classified as arson. Additionally, it’s considered arson if a person starts a fire with the intent to damage or destroy a house, building, or vehicle when he or she is reckless about whether it will endanger the life of another person or the safety of someone else’s property.<\/p>\n

It’s important to note that arson occurs where there is either intent to cause damage or destroy, or where there is proof of recklessness<\/a> in starting a fire. For example, an arson charge can result from recklessly starting a fire or causing an explosion while manufacturing a controlled substance, which results in damage to any vehicle, house, or building. As another example, a person can be charged with arson if he or she intentionally starts a fire that recklessly causes bodily injury or death, or damages someone else’s building. One final important point to be aware of is that a person can be charged with arson in Texas even if the fire doesn’t continue after ignition; thus, in many circumstances actual damage to property is not a required element.<\/p>\n

Texas Arson Laws Overview<\/h2>\n

Below you will find key provisions of arson laws in Texas.<\/p>\n\n
Statute<\/b><\/td>\n

Texas Penal Code \u00a7 28.01<\/a>, et seq.<\/p>\n<\/td>\n<\/tr>

Charges<\/b><\/td>\n

Generally, arson is a felony of the second degree. However, there are certain circumstances in which it’s classified as a different type of felony, as follows:<\/p>\n

First Degree Felony:<\/b> Fires which are intentionally started and which result in actual bodily injury or death of any person or which were intended to specifically damage or destroy a habitation or place of assembly or worship.<\/i><\/p>\n

Third Degree Felony:<\/b> Fires which are recklessly started while manufacturing a controlled substance and which result in actual bodily injury or death of any person.<\/i><\/p>\n

State Jail Felony:<\/b> Fires which are recklessly started while manufacturing a controlled substance and which damage any building, habitation or vehicle. Fires also constitute a state jail felony where they are intentionally started but which resulted in reckless damage or destruction to buildings or reckless injury or death.<\/i><\/p>\n<\/td>\n<\/tr>

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

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