Georgia Arson Laws

Georgia Code Title 16. Crimes and Offenses Section 16-7-60, et seq.

First degree arson (Section 16-7-60): By means of fire or explosives, knowingly damage or advise/encourage another to damage:

• An occupied or unoccupied dwelling or structure designed for use as a dwelling that either belongs to another or another has a security interest in;
• An occupied or unoccupied dwelling, building, or vehicle when it's insured against loss or damage by fire or explosive;
• An occupied or unoccupied dwelling, building, or vehicle with the intent to defeat, prejudice, or defraud the rights of a co-owner or spouse; or
• Any structure or vehicle when it's reasonably foreseeable that it may endanger human life.

Second degree arson (Section 16-7-61): By means of fire or explosive, knowingly damage or advise/encourage another to damage property that is not mentioned in Section 16-7-60 and belongs to someone else.

Third degree arson (Section 16-7-62): By means of fire or explosive, knowingly damage or advise/encourage another to damage any personal property valued at $25.00 or more if:

• It belongs to another or someone else has a security interest in it;
• It's insured against loss or damage by fire or explosive; or
• It's done with the intent to defeat, prejudice, or defraud the rights of a co-owner or spouse.

First degree arson: prison term of no less than one year and no more than 20 years and/or $50,000.

Second degree arson: prison term of no less than one year and no more than 10 years and/or a fine not exceeding $25,000.

Third degree arson: prison term of no less than one year and no more than 5 years and/or a fine not exceeding $10,000.

Defense (s)

Consent is generally a defense to arson; however, it's not a defense when the charges stem from:

• The commission of a felony;
• Foreseeably endangering human life; or
• Intending to defeating or prejudicing the rights of a spouse or co-owner.