{"id":377050,"date":"2018-06-11T15:26:13","date_gmt":"2018-06-11T20:26:13","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/washington-law\/washington-arson-laws.html"},"modified":"2018-06-11T16:39:40","modified_gmt":"2018-06-11T21:39:40","slug":"washington-arson-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/washington-law\/washington-arson-laws.html","title":{"rendered":"Washington Arson Laws"},"content":{"rendered":"\n
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Washington 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> occurs when a person intentionally sets a fire or creates an explosion and damages property. Unlike other property crimes<\/a> like shoplifting or vandalism<\/a>, arson is considered very dangerous due to the destruction that it can cause which includes not only property damage, but also potential injury or even death.<\/p>\r\n

Degrees of Arson<\/h2>\r\n

In Washington, you can be charged with either arson in the first degree (which is categorized as a Class A felony) or arson in the second degree, a Class B felony. However, if action doesn't meet the requirements of arson, you can be charged with the lesser offense of reckless burning.<\/p>\r\n

Washington Arson Laws: An Overview<\/h2>\r\n

Although it's imperative to understand every detail of a given statute, reading a compressed version of the content can also be helpful in understanding the core aspects of the law. The chart below provides an overview of the arson laws in Washington.<\/p>\r\n\r\n

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

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Arson Charges<\/b><\/p>\r\n

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Arson in the first degree:<\/i><\/b> An individual commits this offense if they knowingly and maliciously cause a fire or explosion:<\/p>\r\n

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  • Which is "manifestly dangerous" (Washington courts will consider combustibility, proximity to other structures) to any human life, including fire fighters.<\/li>\r\n
  • Which damages a dwelling;<\/li>\r\n
  • In any building with a human being is present;<\/li>\r\n
  • On property valued at $10,000 or more with intent to collect insurance proceeds;<\/li>\r\n<\/ul>\r\n

    Arson in the second degree:<\/i><\/b> A person is guilty of arson in the second degree if they knowingly and maliciously cause a fire or explosion which damages a building, or any structure, wharf, dock, machine, engine, automobile or other motor vehicle, watercraft, aircraft, bridge, crop, timber, lumber, or fence.<\/p>\r\n

    Penalties<\/i><\/b><\/p>\r\n

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    • First degree: Punishable by maximum sentence of life in prison and fines up to $50,000<\/li>\r\n
    • Second degree: Punishable by up to 10 years in prison and fines up to $20,000.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Reckless burning<\/b><\/p>\r\n<\/td>\r\n

An individual is guilty of reckless burning in the first degree if they knowingly cause a fire or explosion that recklessly damages:<\/p>\r\n

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  • A building or other structure, or<\/li>\r\n
  • Any vehicle, railway car, aircraft, or watercraft, or<\/li>\r\n
  • Any hay, grain, crop, or timber (cut or standing).<\/li>\r\n<\/ul>\r\n

    An individual is guilty of reckless burning in the second degree, if they knowingly cause a fire or explosion (whether on their own property or other person's property) and recklessly places the following in danger of destruction or damage:<\/p>\r\n

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    • A building or other structure, or<\/li>\r\n
    • Any vehicle, railway car, aircraft, or watercraft, or<\/li>\r\n
    • Any hay, grain, crop, or timber (cut or standing).<\/li>\r\n<\/ul>\r\n

      Penalties<\/i><\/b><\/p>\r\n

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      • First degree: Punishable by up to 5 years in prison and fines up to $10,000.<\/li>\r\n
      • Second degree: Punishable by up to 364 days in jail and up to $1,000 fine.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

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

Arson defense:<\/p>\r\n