Washington Arson Laws

Statutes

• Wash. Rev. Code Section 9A:48.020 (first-degree arson)
• Wash. Rev. Code Section 9A:48.30 (second-degree arson)
• Wash. Rev. Code Section 9A:48.040 (first-degree reckless burning)
• Wash. Rev. Code Section 9A:48.050 (second-degree reckless burning)
• Wash. Rev. Code Section 9A:48.060 (reckless burning defense)

Arson Charges

Arson in the first degree: An individual commits this offense if they knowingly and maliciously cause a fire or explosion:

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

Arson in the second degree: 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.

Penalties

• First degree: Punishable by maximum sentence of life in prison and fines up to $50,000
• Second degree: Punishable by up to 10 years in prison and fines up to $20,000.

Reckless burning

An individual is guilty of reckless burning in the first degree if they knowingly cause a fire or explosion that recklessly damages:

• A building or other structure, or
• Any vehicle, railway car, aircraft, or watercraft, or
• Any hay, grain, crop, or timber (cut or standing).

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:

• A building or other structure, or
• Any vehicle, railway car, aircraft, or watercraft, or
• Any hay, grain, crop, or timber (cut or standing).

Penalties

• First degree: Punishable by up to 5 years in prison and fines up to $10,000.
• Second degree: Punishable by up to 364 days in jail and up to $1,000 fine.

Possible Defenses

Arson defense:

• Mistake of fact
• Lack of intent

Reckless burning defense:

• No other party but the defendant had an interest in the property, or
• If other parties had an interest, all of them consented to defendant's conduct; and
• The defendant's only intent in the property destruction was for a lawful purpose.