Missouri Arson Laws

Much like kidnapping and murder, arson is a serious crime. Regardless of where you live, your state’s arson laws carry severe penalties, including prison time and hefty fines. The Missouri arson laws are no exception.

In this article, we’ll explain how the state of Missouri defines the crime of arson. We will also discuss the penalties and defenses for this property crime. If you’re currently facing charges for the offense of arson, contact a local criminal defense attorney to discuss your case. They can help identify potential defenses and protect your rights.

How Does Missouri Law Define Arson?

Missouri law defines arson as intentionally or knowingly setting a fire or causing an explosion that causes damage to a building or other inhabitable structure. There are three degrees of arson, each one turning on who owns the property and whether there were people in the building at the time of the fire or explosion.

As you might imagine, the use of fire is key to this offense. To be guilty of arson, the defendant must cause damage using fire or explosives. This includes damaging electrical wires to cause an electrical fire and setting a fire near a specific building with the awareness and intent that the fire will spread to the intended property or structure.

Degrees of Arson in Missouri

According to the Missouri Revised Statutes, there are three degrees of arson. Each one has distinct definitions and carries different penalties.

First-degree arson is defined as either:

• Knowingly causing damage to a building by starting a fire or causing an explosion when there are people present, thereby putting them in danger of death or serious physical injury
• Damaging a building by starting a fire or explosion in an attempt to manufacture methamphetamine

Second-degree arson means knowingly damaging a building by starting a fire or causing an explosion. Second-degree arson requires that someone other than the defendant have an ownership or security interest in the building, and that the defendant did not have consent or a lawful purpose for the damage.

Third-degree arson is defined as knowingly starting a fire or causing an explosion and recklessly damaging or destroying a building as a result.

Missouri criminal law also recognizes three other related charges:

• Knowingly burning or exploding: Knowingly damaging another’s property by setting fire to the structure or by using explosives
• Reckless burning or exploding: Recklessly starting a fire or causing an explosion that damages/destroys another person’s property
• Negligent burning or exploding: With criminal negligence, damaging another person’s property/woodlands/croplands/prairie/marsh by starting a fire, causing an explosion, or by allowing a fire burning on the defendant’s property to travel to the property of another

Other factors can affect the classifications.

Penalties

The penalties for arson depend on the injuries or property damage caused. For example, a first-degree arson where no one is hurt is a Class B felony, punishable by up to 15 years in prison.

If the arson causes serious physical injury or death, the state can bring Class A felony charges, which are punishable by 10 to 30 years in prison and fines of $10,000. This charge also applies to arson cases involving the production of methamphetamine.

Second-degree arson is a Class D felony punishable by up to seven years in prison and fines of up to $10,000. If someone is injured or dies as a result of the arson, the charge is elevated to a Class B felony, punishable by up to 15 years in prison and fines of up to $10,000.

Third-degree arson is a Class A misdemeanor, punishable by up to one year in jail and fines of up to $2,000. Knowingly burning/exploding is a Class E felony, punishable by incarceration of up to four years.

Reckless burning/exploding is a Class B misdemeanor, carrying a penalty of up to six months in jail and a $1,000 fine. Negligent burning/exploding is a Class C misdemeanor, punishable by up to 15 days in jail and fines of up to $750.

It’s important to understand what degree of arson charges you might be facing. If you’re not sure, it’s advisable for you to speak with a criminal defense attorney.

Defenses to Arson

There are several possible defenses someone facing arson charges in Missouri might use, such as:

• Lack of intent or knowledge: The fire was accidental, or the defendant didn’t know it would cause the damage
• Consent: The property owner gave permission (specifically relevant to second/third-degree)
• Ownership interest: Defendant was the sole owner, with no one else having a security interest
• Lawful purpose: The burning was lawful, such as a controlled burn or permitted demolition

Other defenses are possible as well. A skilled arson defense lawyer can help you settle on your best approach.

Contact a Criminal Defense Attorney for Legal Advice on Your Arson Case

If you’re facing arson charges in Missouri, consider speaking with a criminal defense lawyer sooner rather than later. Things move quickly after an arrest, and handling such a serious matter without legal representation is a bad idea. When you first meet with your arson attorney, they’ll explain your criminal charges and help craft a strong defense strategy. They’ll explain what you can do to challenge the state’s case or negotiate a plea bargain.

Call an experienced Missouri criminal defense attorney to schedule your initial consultation.