Created by FindLaw's team of legal writers and editors | Last reviewed July 24, 2018
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People commit arson 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, the potential for personal injury is high. This makes arson a very dangerous and serious crime that is punished accordingly.
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 or a felony.
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.
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.
Statute |
Indiana Code Section 35-43-1-1 |
Felony Level 4,3,2 Arson
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Arson: Level 4 Felony An individual (by means of fire, explosive, or destructive device) knowingly or intentionally damages:
Level 2 if it results in serious bodily injury to any person other than the defendant. Arson For Hire: Level 4 Felony
Level 3 if it results in bodily injury to any other person besides the defendant. Level 2 if it results in serious bodily injury to any person other than the defendant. |
Felony Level 6 Arson |
Arson with intent to defraud: damages another's property with the intent to defraud is a Level 6 felony. 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. |
Possible Penalties |
The actual penalties depend on the specific circumstances of the case and on factors such as the defendant's criminal history. Level 2 Arson is punishable by 10-30 years in prison, fine up to $10,000. Level 3 Arson is punishable by 3-16 years in prison, fine up to $10,000. Level 4 Arson is punishable by 2-12 years in prison, fine up to $10,000. Level 6 Arson may be punished as either a misdemeanor or a felony.
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Because arson is such a major crime, it's important to get a handle on your case because of the severe penalties. If you're accused of breaking Indiana's arson laws, then you need to get help immediately. Don't delay contacting an experienced criminal defense attorney who can advocate on your behalf.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Indiana attorneys offer free consultations.
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