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Arson: penalties in each state and country

Deliberately setting fire to a building or other property. Setting fire to a building where people are present is usually the most serious degree.

What to look for: The degrees often turn on whether anyone was inside.

These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.

34 states covered so far

Alabama

Up to one year (third degree) up to life or 99 years, and not less than 20 years (first degree)

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  • Arson in the third degree (Class A misdemeanor)

    Least
    No minimum term set by the statute
    Most
    1 year in the county jail or at hard labour for the county

    Code of Alabama § 13A-7-43; § 13A-5-7

  • Arson in the second degree (Class B felony)

    Least
    2 years
    Most
    20 years
    Fine
    Up to $30,000, or twice the gain or loss

    Code of Alabama § 13A-7-42; §§ 13A-5-6, 13A-5-11

  • Arson in the first degree (intentionally damaging a building while another person is present, knowing it or where it is a reasonable possibility) (Class A felony)

    Least
    20 years (mandatory minimum)
    Most
    Life imprisonment or up to 99 years
    Fine
    Up to $60,000, or twice the gain or loss

    The sentence must be not less than 20 years, and must run consecutively with any other sentence for an offence arising out of the same facts.

    Code of Alabama § 13A-7-41; §§ 13A-5-6, 13A-5-11

Alaska

Up to 10 years (second degree) up to 20 years (first degree)

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  • Arson in the second degree (Class B felony)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    Up to $100,000

    Presumptive range for a first felony conviction: 1 to 3 years (higher in some listed circumstances). The court may adjust it under AS 12.55.155 to 12.55.175.

    AS 11.46.410; AS 12.55.125(d); AS 12.55.035(b)

  • Arson in the first degree (Class A felony)

    Least
    No minimum term set by the statute
    Most
    20 years
    Fine
    Up to $250,000

    Presumptive range for a first felony conviction: 4 to 7 years (7 to 11 years if a firearm or dangerous instrument was used or serious physical injury or death was caused). The court may adjust it under AS 12.55.155 to 12.55.175.

    AS 11.46.400; AS 12.55.125(c); AS 12.55.035(b)

Arizona

1 to 3.75 years (a structure) up to 3 to 12.5 years (an occupied structure)

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  • Arson of a structure (Class 4 felony)

    Least
    1 year
    Most
    3.75 years
    Fine
    Fine of up to $150,000

    A first offence: usual term 2.5 years, between 1.5 and 3 years; 1 year if mitigated and 3.75 years if aggravated (§ 13-702). Arson of property (not a structure) is a lesser felony or a misdemeanor, depending on the value (§ 13-1703).

    A.R.S. § 13-1703; § 13-702; § 13-801

  • Arson of an occupied structure (Class 2 felony)

    Least
    3 years
    Most
    12.5 years
    Fine
    Fine of up to $150,000

    A first offence: usual term 5 years, between 4 and 10 years; 3 years if the court finds mitigating factors and 12.5 years if it finds aggravating factors (§ 13-702).

    A.R.S. § 13-1704; § 13-702; § 13-801

California

16 months to 3 years (property) up to 5 to 9 years (causing great bodily injury)

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  • Arson of property (Felony)

    Least
    16 months
    Most
    3 years
    Fine
    Fine of up to $10,000, where the offence sets no fine (§ 672)

    Three possible terms set by the statute: 16 months, 2 years or 3 years. The court chooses among them.

    Cal. Penal Code § 451

  • Arson of a structure or forest land (Felony)

    Least
    2 years
    Most
    6 years
    Fine
    Fine of up to $10,000, where the offence sets no fine (§ 672)

    Three possible terms set by the statute: 2, 4 or 6. The court chooses among them.

    Cal. Penal Code § 451

  • Arson that causes an inhabited structure or property to burn (Felony)

    Least
    3 years
    Most
    8 years
    Fine
    Fine of up to $10,000, where the offence sets no fine (§ 672)

    Three possible terms set by the statute: 3, 5 or 8. The court chooses among them.

    Cal. Penal Code § 451

  • Arson that causes great bodily injury (Felony)

    Least
    5 years
    Most
    9 years
    Fine
    Fine of up to $10,000, where the offence sets no fine (§ 672)

    Three possible terms set by the statute: 5, 7 or 9. The court chooses among them.

    Cal. Penal Code § 451

Colorado

A class 4 felony (building) or a class 3 felony (occupied structure) for first degree; by value for second degree

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  • First-degree arson of a building (Class 4 felony)

    Least
    2 years
    Most
    6 years
    Fine
    $2,000 to $500,000

    Colo. Rev. Stat. § 18-4-102; § 18-1.3-401

  • First-degree arson of an occupied structure (Class 3 felony)

    Least
    4 years
    Most
    12 years
    Fine
    $3,000 to $750,000

    Colo. Rev. Stat. § 18-4-102; § 18-1.3-401

  • Second-degree arson, by value of the property: $2,000 to under $5,000 (class 6), up to $1,000,000 or more (class 2) (Class 6 felony)

    Least
    1 year
    Most
    18 months
    Fine
    $1,000 to $100,000

    The class rises with the value: class 5 for $5,000 to under $20,000, class 4 for $20,000 to under $100,000, class 3 for $100,000 to under $1,000,000, and class 2 for $1,000,000 or more. Below $2,000 it is a misdemeanor or a petty offense.

    Colo. Rev. Stat. § 18-4-103(2); § 18-1.3-401

Connecticut

A class A felony (arson in the first degree)

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Delaware

Up to 8 years (second degree) up to 15 years (first degree)

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Florida

Up to 15 years (second degree) up to 30 years (first degree)

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  • Arson in the second degree (Felony of the second degree)

    Least
    No minimum term set by the statute
    Most
    Up to 15 years
    Fine
    Fine of up to $10,000

    Fla. Stat. § 806.01; § 775.082; § 775.083

  • Arson in the first degree (a dwelling, or a structure the person knew or had reason to believe was occupied) (Felony of the first degree)

    Least
    No minimum term set by the statute
    Most
    Up to 30 years
    Fine
    Fine of up to $10,000

    Fla. Stat. § 806.01; § 775.082; § 775.083

Idaho

Up to 15 years and a fine of up to $75,000 (second degree); up to 25 years and $100,000 (first degree)

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  • Arson in the second degree: wilfully and unlawfully damaging by fire or explosion any structure not covered by first-degree arson (Offence)

    Least
    No minimum term set by the statute
    Most
    15 years
    Fine
    Up to $75,000, or both

    Idaho Code § 18-803

  • Arson in the first degree: damaging by fire or explosion a dwelling, or a structure in which persons are normally present (Offence)

    Least
    No minimum term set by the statute
    Most
    25 years
    Fine
    Up to $100,000, or both

    Idaho Code § 18-802

Illinois

A Class 2 felony; a Class 1 felony for residential arson or arson of a place of worship

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Iowa

Up to 2 years (third degree) to up to 25 years (first degree)

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  • Arson in the third degree (Aggravated misdemeanor)

    Least
    No minimum term set by the statute
    Most
    Up to 2 years
    Fine
    Fine of $855 to $8,540

    Iowa Code § 712.4; § 903.1

  • Arson in the second degree (Class C felony)

    Least
    No minimum term set by the statute
    Most
    Up to 10 years
    Fine
    Fine of $1,370 to $13,660

    Iowa Code § 712.3; § 902.9

  • Arson in the first degree (Class B felony)

    Least
    No minimum term set by the statute
    Most
    Up to 25 years

    Where one or more people are present in the structure. Parole is not possible until between one-half and seven-tenths of the term is served (§ 902.12).

    Iowa Code § 712.2; § 902.9

Maine

Up to 30 years (Class A)

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Arson is always a Class A crime in Maine (§ 802).

Maryland

Up to 5 years (malicious burning) up to 30 years (first degree)

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  • Malicious burning in the first degree (Felony)

    Least
    No minimum term set by the statute
    Most
    Up to 5 years, and a fine of up to $5,000, or both
    Fine
    Fine of up to $5,000

    Md. Code, Crim. Law § 6-104

  • Arson in the second degree (Felony)

    Least
    No minimum term set by the statute
    Most
    Up to 20 years, and a fine of up to $30,000, or both
    Fine
    Fine of up to $30,000

    Md. Code, Crim. Law § 6-103

  • Arson in the first degree (Felony)

    Least
    No minimum term set by the statute
    Most
    Up to 30 years, and a fine of up to $50,000, or both
    Fine
    Fine of up to $50,000

    Md. Code, Crim. Law § 6-102

Massachusetts

Up to 20 years (dwelling house); the burning of other buildings and property is a separate, lower offence

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  • Arson of a dwelling house: wilfully and maliciously setting fire to or burning a dwelling house or an adjoining building (Offence)

    Least
    No minimum term set by the statute
    Most
    20 years
    Fine
    Or a fine, or up to 2 and a half years in a jail or house of correction

    Mass. Gen. Laws ch. 266, § 1

Burning a dwelling house or an adjoining building (ch. 266, § 1) carries up to 20 years in state prison, or up to 2 and a half years in a jail or house of correction, or a fine. Burning other buildings (ch. 266, § 2) is a separate offence, which was not read in full.

Michigan

Up to 10 years (third degree); up to 20 years (second degree); life or any term of years (first degree)

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  • Third-degree arson (Felony)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    Up to $20,000, or 3 times the value of the property damaged or destroyed, or both

    Mich. Comp. Laws § 750.74

  • Second-degree arson (Felony)

    Least
    No minimum term set by the statute
    Most
    20 years
    Fine
    Up to $20,000, or 3 times the value of the property damaged or destroyed, or both

    Mich. Comp. Laws § 750.73

  • First-degree arson (Felony)

    Least
    No minimum term set by the statute
    Most
    Life imprisonment
    Fine
    Up to $20,000, or 3 times the value of the property damaged or destroyed, or both

    The court may impose life or any term of years.

    Mich. Comp. Laws § 750.72

Minnesota

Up to 5 years (third degree) up to 20 years (first degree)

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  • Arson in the third degree (damage to property worth $300 or more, but less than $1,000) (Felony)

    Least
    No minimum term set by the statute
    Most
    5 years
    Fine
    A fine of up to $10,000

    Minn. Stat. § 609.563

  • Arson in the second degree (a building not used as a dwelling, or other property worth more than $1,000) (Felony)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    A fine of up to $20,000

    Minn. Stat. § 609.562

  • Arson in the first degree (a dwelling, or a listed building) (Felony)

    Least
    No minimum term set by the statute
    Most
    20 years
    Fine
    A fine of up to $20,000

    Minn. Stat. § 609.561

Missouri

A class B felony (first degree), a class A felony where serious physical injury results

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  • Arson in the first degree: damaging a building or inhabitable structure by fire or explosion when a person is present or nearby and in danger (Class B felony)

    Least
    5 years
    Most
    15 years

    The offence is a class B felony unless a person has suffered serious injury, as the section provides.

    Mo. Rev. Stat. § 569.040; §§ 558.002, 558.011

Montana

Up to 20 years and a fine of up to $50,000 (arson); up to 6 months or 10 years (negligent arson)

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  • Negligent arson, where another person is placed in danger of death or bodily injury (Offence)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    Up to $50,000, or both

    Negligent arson that places only property in danger is a misdemeanor, with a fine of up to $500 or up to 6 months in the county jail.

    Mont. Code Ann. § 45-6-102

  • Arson (Offence)

    Least
    No minimum term set by the statute
    Most
    20 years
    Fine
    Up to $50,000, or both

    Mont. Code Ann. § 45-6-103

Nebraska

A Class II felony (first degree): 1 to 50 years

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Nevada

A category D felony (third and fourth degree) up to 2 to 15 years (first degree)

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  • Arson in the third degree (setting fire to property such as crops, grass or vegetation not one's own) (Category D felony)

    Least
    1 year
    Most
    4 years
    Fine
    Up to $5,000

    Nev. Rev. Stat. § 205.020; § 193.130

  • Arson in the second degree (a building or structure) (Category B felony)

    Least
    1 year
    Most
    10 years
    Fine
    Up to $10,000, in addition

    Nev. Rev. Stat. § 205.015

  • Arson in the first degree (burning an inhabited structure or one where persons are present) (Category B felony)

    Least
    2 years
    Most
    15 years
    Fine
    Up to $15,000, in addition

    Nev. Rev. Stat. § 205.010

New Hampshire

A class B felony (up to 7 years) up to a class A felony (up to 15 years)

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New York

Up to 4 years (fourth degree) up to life (first degree)

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  • Arson in the fourth degree (Class E felony)

    Least
    No minimum term set by the statute
    Most
    4 years
    Fine
    Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)

    A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).

    N.Y. Penal Law § 150.05; § 70.00

  • Arson in the third degree (Class C felony)

    Least
    No minimum term set by the statute
    Most
    15 years
    Fine
    Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)

    A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).

    N.Y. Penal Law § 150.10; § 70.00

  • Arson in the second degree (a person other than the defendant is present) (Class B violent felony)

    Least
    5 years
    Most
    25 years
    Fine
    Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)

    N.Y. Penal Law § 150.15; § 70.02

  • Arson in the first degree (Class A-I felony)

    Least
    A life sentence with a minimum of at least 15 years
    Most
    Life, with a minimum of up to 25 years
    Fine
    Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)

    N.Y. Penal Law § 150.20; § 70.00

North Carolina

Class E (unoccupied dwelling) up to Class D (occupied dwelling)

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  • Arson in the second degree (burning an unoccupied dwelling) (Class E felony)

    Least
    15 months (1 year 3 months)
    Most
    50 months (4 years 2 months)
    Fine
    Fine in the court's discretion, in addition to imprisonment

    Prior Record Level I: the minimum term runs from 15 to 31 months (mitigated 15 to 20, presumptive 20 to 25, aggravated 25 to 31). The maximum is 50 months where the minimum is 31 (G.S. 15A-1340.17(e)). The chart allows an intermediate or active punishment at this level.

    N.C. Gen. Stat. § 14-58; § 15A-1340.17

  • Arson in the first degree (burning an occupied dwelling) (Class D felony)

    Least
    38 months (3 years 2 months)
    Most
    108 months (9 years)
    Fine
    Fine in the court's discretion, in addition to imprisonment

    Prior Record Level I: the minimum term runs from 38 to 80 months (mitigated 38 to 51, presumptive 51 to 64, aggravated 64 to 80). The maximum is 108 months where the minimum is 80 (G.S. 15A-1340.17(e)). Active prison is required.

    N.C. Gen. Stat. § 14-58; § 15A-1340.17

North Dakota

A class A misdemeanor (failing to control a fire) up to 10 years (class B)

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  • Failing to report or control a fire that endangers life or a substantial amount of another's property (Class A misdemeanor)

    Least
    No minimum term set by the statute
    Most
    360 days
    Fine
    A fine of up to $3,000

    N.D. Cent. Code § 12.1-21-03; § 12.1-32-01

  • Reckless endangerment by fire or explosion (class C, or class B where the actor places another in danger of death under circumstances showing extreme indifference to the value of human life) (Class C felony)

    Least
    No minimum term set by the statute
    Most
    5 years
    Fine
    A fine of up to $10,000

    The section makes it a class B felony in the extreme-indifference case, a class B maximum of 10 years.

    N.D. Cent. Code § 12.1-21-02; § 12.1-32-01

  • Arson (starting or maintaining a fire, or causing an explosion, with intent to destroy a listed kind of property) (Class B felony)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    A fine of up to $20,000

    N.D. Cent. Code § 12.1-21-01; § 12.1-32-01

Ohio

Misdemeanor of the first degree up to felony of the first degree (aggravated arson)

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Pennsylvania

A felony of the first degree

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  • Arson endangering persons: intentionally starting a fire or explosion with the purpose of destroying a building or occupied structure, or where there is a risk of death or bodily injury (Felony of the first degree)

    Least
    No minimum term set by the statute
    Most
    20 years

    18 Pa.C.S. § 3301(a); §§ 1103

  • Aggravated arson (Felony of the first degree)

    Least
    No minimum term set by the statute
    Most
    20 years

    18 Pa.C.S. § 3301(a.1); §§ 1103

Rhode Island

At least 5 years, up to life (first degree); at least 20 years if a death results

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  • Arson in the first degree: knowingly causing, by fire or explosion, a substantial risk of serious physical harm to any person or damage to an occupied or in-use building (Offence)

    Least
    5 years
    Most
    Life imprisonment
    Fine
    A fine of $3,000 to $25,000 may be imposed instead, or both

    Where a death occurs as a direct result of the fire or explosion, the minimum is 20 years. A judge may impose less than the minimum only on finding substantial and compelling circumstances.

    R.I. Gen. Laws § 11-4-2

South Carolina

Up to 15 years (third degree) up to at least 30 years (first degree)

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  • Arson in the third degree (Felony)

    Least
    No minimum term set by the statute
    Most
    15 years

    S.C. Code Ann. § 16-11-110

  • Arson in the second degree (a dwelling house, church and other listed buildings) (Felony)

    Least
    3 years
    Most
    25 years

    S.C. Code Ann. § 16-11-110

  • Arson in the first degree (a burning that results in death or serious bodily injury) (Felony)

    Least
    30 years
    Most
    No maximum stated in the section

    S.C. Code Ann. § 16-11-110

The section sets no maximum for first-degree arson, only a minimum of 30 years.

South Dakota

Up to 10 years (second degree, reckless burning) up to 25 years (first degree)

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  • Second degree arson (intent to destroy an unoccupied structure of another, or to destroy property for insurance) (Class 4 felony)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    A fine of $20,000 may be added

    S.D. Codified Laws § 22-33-9.2; § 22-6-1

  • Reckless burning or exploding (recklessly endangering a person or another's building) (Class 4 felony)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    A fine of $20,000 may be added

    S.D. Codified Laws § 22-33-9.3; § 22-6-1

  • First degree arson (intent to destroy an occupied structure of another) (Class 2 felony)

    Least
    No minimum term set by the statute
    Most
    25 years
    Fine
    A fine of $50,000 may be added

    S.D. Codified Laws § 22-33-9.1; § 22-6-1

Texas

180 days to 2 years (certain lower forms) up to 5 to 99 years, or life

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  • Arson in its lower forms (State jail felony)

    Least
    180 days in a state jail
    Most
    2 years in a state jail
    Fine
    Fine of up to $10,000

    A state jail felony under § 28.02(e) and (f). In some forms it rises to a third-degree felony if bodily injury or death results.

    Tex. Penal Code § 28.02; § 12.35

  • Arson (Felony of the second degree)

    Least
    2 years
    Most
    20 years
    Fine
    Fine of up to $10,000

    Tex. Penal Code § 28.02; § 12.33

  • Arson, in the circumstances listed in § 28.02(d) (Felony of the first degree)

    Least
    5 years
    Most
    99 years, or life
    Fine
    Fine of up to $10,000

    A first-degree felony where the facts listed in § 28.02(d) are shown at trial.

    Tex. Penal Code § 28.02; § 12.32

Vermont

1 to 5 years (second degree) up to 2 to 10 years (first degree); first-degree murder if a death results

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  • Second-degree arson: burning any other building or structure (Offence)

    Least
    1 year
    Most
    5 years
    Fine
    Up to $1,000, or both

    13 V.S.A. § 503

  • First-degree arson: burning a dwelling house, whether occupied, unoccupied or vacant, and its outbuildings (Offence)

    Least
    2 years
    Most
    10 years
    Fine
    Up to $2,000, or both

    13 V.S.A. § 502

A person who burns a building so that someone's life is lost is guilty of murder in the first degree (§ 501).

Virginia

2 to 10 years (unoccupied building) up to life (an occupied dwelling)

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Washington

Up to 364 days (reckless burning, second degree) up to life (first degree)

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  • Reckless burning in the second degree (Gross misdemeanor)

    Least
    No minimum term set by the statute
    Most
    Up to 364 days in jail
    Fine
    Fine of up to $5,000

    RCW 9A.48.050; RCW 9A.20.021

  • Reckless burning in the first degree (Class C felony)

    Least
    No minimum term set by the statute
    Most
    Up to 5 years
    Fine
    Fine of up to $10,000

    RCW 9A.48.040; RCW 9A.20.021

  • Arson in the second degree (Class B felony)

    Least
    No minimum term set by the statute
    Most
    Up to 10 years
    Fine
    Fine of up to $20,000

    RCW 9A.48.030; RCW 9A.20.021

  • Arson in the first degree (Class A felony)

    Least
    No minimum term set by the statute
    Most
    Life imprisonment
    Fine
    Fine of up to $50,000

    RCW 9A.48.020; RCW 9A.20.021

West Virginia

2 to 20 years (first degree)

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  • Arson in the first degree: wilfully and maliciously burning, or causing to be burned, a dwelling or outbuilding, whether occupied, unoccupied or vacant (Offence)

    Least
    2 years
    Most
    20 years

    W. Va. Code § 61-3-1(a)

31 countries covered so far

Country codes name the same acts differently, so each entry says which offence is the closest match. Ranges are from the code’s own text.

Algeria

5 to 10 years (own property, to harm others) up to life (a home); death if someone dies

Show the degrees and the articles
  • Setting fire to one's own property in order to harm another person (Crime (réclusion))

    Least
    5 years
    Most
    10 years' réclusion

    Penal Code of Algeria, art. 397

  • Setting fire to another's unoccupied building, vehicle, forest, crops and similar property (Crime (réclusion))

    Least
    10 years
    Most
    20 years' réclusion

    Penal Code of Algeria, art. 396

  • Setting fire to an occupied building or home, or to a vehicle or train carrying people; or to State property (Crime (réclusion))

    Least
    No minimum term set by the statute
    Most
    Life imprisonment (réclusion criminelle à perpétuité)

    Penal Code of Algeria, art. 395, 396 bis

  • Arson that causes the death of one or more people (Crime (réclusion))

    Least
    No minimum term set by the statute
    Most
    Death

    Where the fire causes wounds or permanent infirmity, the penalty is life imprisonment.

    Penal Code of Algeria, art. 399

Argentina

3 to 10 years (common danger to property) up to 8 to 20 years (arson that causes death)

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Austria

Up to 1 year (negligent fire) up to 1 to 10 years (Brandstiftung), 10 to 20 years where many die

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  • Fahrlässige Herbeiführung einer Feuersbrunst (negligently causing a large fire) (Straftat (Freiheitsstrafe))

    Least
    No minimum term set by the statute
    Most
    1 year
    Fine
    A fine in daily rates may be imposed instead of prison

    Up to 3 years where death or serious injuries result (§ 170(2))

    Strafgesetzbuch (Austria), § 170(1)

  • Brandstiftung (causing a large fire in another's property without the owner's consent, or endangering life or others' property) (Straftat (Freiheitsstrafe))

    Least
    1 year
    Most
    10 years

    Strafgesetzbuch (Austria), § 169(1), (2)

  • Brandstiftung with the death of a person or serious injuries to many, or great distress to many (Straftat (Freiheitsstrafe))

    Least
    5 years
    Most
    15 years

    10 to 20 years where the deaths of many people result.

    Strafgesetzbuch (Austria), § 169(3)

Brazil

6 months to 2 years (negligent fire) up to 3 to 6 years (arson), raised by a third for a home, and doubled where death results

Show the degrees and the articles
  • Incêndio culposo (negligent fire) (Detenção (the lighter kind of prison))

    Least
    6 months
    Most
    2 years

    Código Penal (Brazil), art. 250 §2

  • Incêndio (causing a fire that endangers life, physical integrity or another's property) (Reclusão (the more serious kind of prison))

    Least
    3 years
    Most
    6 years

    The penalty is increased by one third where the fire is set for gain, or in an inhabited house, a public building, a vehicle carrying people, a factory, a forest or farmland, and in other listed places.

    Código Penal (Brazil), art. 250

  • Incêndio where grievous bodily harm results (Reclusão (the more serious kind of prison))

    Least
    No minimum term set by the statute
    Most
    The penalty of article 250, increased by half

    Where death results, the penalty is doubled.

    Código Penal (Brazil), art. 250 with 258

Bulgaria

1 to 8 years (arson); 3 to 10 years (danger to life or other property); 5 to 15 years (death)

Show the degrees and the articles

Canada

Up to 14 years (damage to property) or life (disregard for human life)

Show the degrees and the articles
  • Arson causing damage to property not wholly owned by the offender (Indictable offence)

    Least
    No minimum term set by the statute
    Most
    14 years

    Criminal Code (Canada), s. 434

  • Arson with disregard for human life (property known or thought to be inhabited or occupied, or the fire causes bodily harm) (Indictable offence)

    Least
    No minimum term set by the statute
    Most
    Imprisonment for life

    Criminal Code (Canada), s. 433

China

3 to 10 years (arson that endangers public safety) up to death (causing serious injury, death or heavy loss)

Show the degrees and the articles
  • Negligent arson, in relatively minor circumstances (Crime (fixed-term imprisonment))

    Least
    No minimum term set by the statute
    Most
    3 years' fixed-term imprisonment, or criminal detention

    Criminal Law of the PRC, art. 115(2)

  • Negligent arson (过失放火) (Crime (fixed-term imprisonment))

    Least
    3 years
    Most
    7 years' fixed-term imprisonment

    Criminal Law of the PRC, art. 115(2)

  • Arson and other dangerous methods that endanger public safety, with no serious consequences yet (放火罪) (Crime (fixed-term imprisonment))

    Least
    3 years
    Most
    10 years' fixed-term imprisonment

    Criminal Law of the PRC, art. 114

  • Arson causing serious injury, death or heavy loss of property (Crime (fixed-term imprisonment))

    Least
    10 years (if a fixed term is chosen)
    Most
    Death, or life imprisonment, or fixed-term imprisonment of 15 years

    Criminal Law of the PRC, art. 115(1)

China punishes arson as a crime against public safety (放火罪, art. 114 and 115): setting fire, flooding, exploding or poisoning, or using other dangerous methods. Setting fire to one's own or another's property with no danger to the public is a different crime (damage to property, art. 275), not shown here.

Croatia

6 months to 5 years (endangering life or property by fire or other means)

Show the degrees and the articles

Croatia has no offence called arson in the sections read. Setting a fire that endangers people's life or body, or property of a larger extent, is endangering life and property by a generally dangerous act or means (art. 215). Causing it by negligence carries up to 3 years (art. 215(3)).

Czechia

3 to 8 years (causing a general danger, such as by fire); up to 20 years or an exceptional sentence if death results

Show the degrees and the articles

The Code has no offence called arson. Causing a fire that puts people in danger of death or serious harm, or another's property in danger of large-scale damage, is the offence of causing a general danger (obecné ohrožení, s. 272).

England and Wales

Up to 10 years (criminal damage) or life (arson, or damage endangering life)

Show the degrees and the articles
  • Criminal damage (without fire) (Indictable or either-way offence)

    Least
    No minimum term set by the statute
    Most
    10 years' imprisonment

    Criminal Damage Act 1971, s.1(1), s.4(2)

  • Arson (criminal damage by fire), and criminal damage with intent to endanger life or being reckless as to it (Indictable or either-way offence)

    Least
    No minimum term set by the statute
    Most
    Life imprisonment

    The Sentencing Council's guideline for arson and criminal damage by fire is at https://sentencingcouncil.org.uk/guidelines/arson-criminal-damage-by-fire/

    Criminal Damage Act 1971, s.1(2), s.1(3), s.4(1)

Finland

4 months to 4 years (destructive offence, including starting a fire); 2 to 10 years (aggravated)

Show the degrees and the articles

Finland's offence of tuhotyö ('destructive offence') covers starting a fire, causing an explosion and other means of widespread destruction. Aggravated tuhotyö applies where the offence is also aggravated when assessed as a whole.

France

Up to 1 year (fire by negligence) up to life (fire causing death)

Show the degrees and the articles
  • Destruction by fire or explosion caused by negligence (Délit (emprisonnement))

    Least
    No minimum term set by the statute
    Most
    1 year's imprisonment (2 years where a safety rule was deliberately and manifestly violated)
    Fine
    Fine of up to €15,000 (€30,000 for the deliberate violation)

    Code pénal, art. 322-5

  • Destruction of another's property by fire or explosion, in a way that endangers people (Délit (emprisonnement))

    Least
    No minimum term set by the statute
    Most
    10 years' imprisonment
    Fine
    Fine of up to €150,000

    Code pénal, art. 322-6

  • The same, causing incapacity of 8 days or less (Crime (réclusion criminelle))

    Least
    No minimum term set by the statute
    Most
    15 years' criminal imprisonment
    Fine
    Fine of up to €150,000

    Code pénal, art. 322-7

  • The same, by an organised gang, or causing incapacity of more than 8 days (Crime (réclusion criminelle))

    Least
    No minimum term set by the statute
    Most
    20 years' criminal imprisonment
    Fine
    Fine of up to €150,000

    Code pénal, art. 322-8

  • The same, causing mutilation or permanent disability (Crime (réclusion criminelle))

    Least
    No minimum term set by the statute
    Most
    30 years' criminal imprisonment
    Fine
    Fine of up to €150,000

    Code pénal, art. 322-9

  • The same, causing death (Crime (réclusion criminelle))

    Least
    No minimum term set by the statute
    Most
    Life imprisonment (réclusion criminelle à perpétuité)
    Fine
    Fine of up to €150,000

    Code pénal, art. 322-10

Fires in woods, forests and similar land carry heavier maximums than the figures shown, which are for buildings and other property.

Germany

1 to 10 years (arson) up to life or at least 10 years (arson causing death)

Show the degrees and the articles
  • Brandstiftung (arson of buildings, vehicles, forests, farm and other listed property of another) (Verbrechen (serious offence: minimum term of one year or more))

    Least
    1 year
    Most
    10 years

    Less serious cases: 6 months to 5 years.

    German Criminal Code (StGB), section 306

  • Schwere Brandstiftung (arson of a building or premises that serve to accommodate people) (Verbrechen (serious offence: minimum term of one year or more))

    Least
    1 year
    Most
    15 years (the longest fixed term, section 38)

    Less serious cases: 6 months to 5 years.

    German Criminal Code (StGB), section 306a

  • Besonders schwere Brandstiftung (arson causing serious damage to health) (Verbrechen (serious offence: minimum term of one year or more))

    Least
    2 years
    Most
    15 years (the longest fixed term, section 38)

    German Criminal Code (StGB), section 306b(1)

  • Besonders schwere Brandstiftung (arson endangering life, to cover another offence, or obstructing extinguishing) (Verbrechen (serious offence: minimum term of one year or more))

    Least
    5 years
    Most
    15 years (the longest fixed term, section 38)

    German Criminal Code (StGB), section 306b(2)

  • Brandstiftung mit Todesfolge (arson at least recklessly causing death) (Verbrechen (serious offence: minimum term of one year or more))

    Least
    10 years
    Most
    Imprisonment for life

    Or life imprisonment.

    German Criminal Code (StGB), section 306c

Hungary

2 to 8 years (causing public danger) up to 20 years or life (if death results)

Show the degrees and the articles

Hungary has no offence called arson. Starting a fire that endangers the public is the offence of causing public danger (közveszély okozása): bringing about public danger by setting off the destructive effect of a material or of energy, or hindering the removal of the danger. Setting a fire to damage another's property is covered by other offences that were not read for this table. Causing public danger by negligence is a separate, lower offence (s. 322(5): up to 3 years, and more if the damage is particularly great or death results).

Iceland

At least 6 months (fire creating public danger); at least 2 years if danger to life or extensive destruction was foreseen

Show the degrees and the articles

Iceland has no offence called arson. Causing a fire that creates a public danger is punished under art. 164: imprisonment of at least six months, and not less than two years if the offender foresaw obvious danger to life or obvious danger of extensive destruction of others' property.

India

Up to 7 years (mischief by fire) up to life or 10 years (a dwelling or place of worship)

Show the degrees and the articles
  • Mischief by fire or an explosive substance, intending or knowing it likely to damage property (Offence (imprisonment of either description))

    Least
    No minimum term set by the statute
    Most
    7 years' imprisonment of either description
    Fine
    A fine may also be imposed

    Bharatiya Nyaya Sanhita, 2023, s. 326(f)

  • Mischief by fire or an explosive substance, intending or knowing it likely to destroy a place of worship, a human dwelling or a place for the custody of property (Offence (imprisonment of either description))

    Least
    No minimum term set by the statute
    Most
    Imprisonment for life, or imprisonment of either description for up to 10 years
    Fine
    A fine may also be imposed

    Bharatiya Nyaya Sanhita, 2023, s. 326(g)

The Sanhita punishes arson as 'mischief by fire or any explosive substance'. The penalty depends on what is burned.

Ireland

Up to 10 years (damage by fire); up to imprisonment for life (arson)

Show the degrees and the articles
  • Criminal damage (other than arson or damage endangering life) (Offence)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    A fine, with or without imprisonment

    Criminal Damage Act 1991, s. 2

  • Arson, or damage that endangers life (Offence)

    Least
    No minimum term set by the statute
    Most
    Imprisonment for life
    Fine
    A fine, with or without imprisonment

    Criminal Damage Act 1991, s. 2

Arson is damaging property by fire. The Criminal Damage Act 1991, s. 2, punishes arson, and criminal damage that endangers life, with a fine, imprisonment for life or both on indictment. Damaging property by other means is a lesser offence in s. 2 with up to 10 years. On summary conviction the maximum is 12 months or a fine.

Italy

6 months to 2 years (setting fire to damage) up to 3 to 7 years (incendio), 6 to 10 years (forest fires)

Show the degrees and the articles
  • Danneggiamento seguito da incendio (setting fire to damage a thing, causing danger of a fire) (Delitto (reclusione))

    Least
    6 months
    Most
    2 years

    If a fire follows, the penalty of art. 423 applies, reduced by one third to one half.

    Codice penale (Italy), art. 424

  • Incendio colposo (a fire caused by negligence) (Delitto (reclusione))

    Least
    1 year
    Most
    5 years

    Codice penale (Italy), art. 449

  • Incendio (causing a fire) (Delitto (reclusione))

    Least
    3 years
    Most
    7 years

    Codice penale (Italy), art. 423

  • Incendio boschivo (a fire in woods, forests or nurseries) (Delitto (reclusione))

    Least
    6 years
    Most
    10 years

    2 to 5 years where caused by negligence.

    Codice penale (Italy), art. 423-bis

Japan

6 months to 7 years (own property) up to death, life, or 5 years or more (an inhabited building)

Show the degrees and the articles
  • Arson of one's own unoccupied building, ship or mine, creating public danger (Crime (detention, 拘禁刑))

    Least
    6 months
    Most
    7 years

    Penal Code (Japan), art. 109(2)

  • Arson of other objects, creating a public danger (Crime (detention, 拘禁刑))

    Least
    1 year
    Most
    10 years

    Penal Code (Japan), art. 110(1)

  • Arson of an unoccupied building, ship or mine that belongs to another (Crime (detention, 拘禁刑))

    Least
    2 years
    Most
    20 years (the longest fixed term, art. 12)

    Penal Code (Japan), art. 109(1)

  • Arson of a building, train, ship or mine used as a dwelling or with people in it (Crime (detention, 拘禁刑))

    Least
    5 years (if a fixed term is chosen)
    Most
    Death, life imprisonment, or a fixed term of 20 years

    Penal Code (Japan), art. 108

Japan grades arson by what is burned: a building where people live or are present, a building where no one is, or other things. Burning one's own property is punished less.

Morocco

5 to 10 years up to death (an inhabited place, or where someone dies)

Show the degrees and the articles
  • Setting fire to one's own property to harm another person (Crime (réclusion))

    Least
    5 years
    Most
    10 years' réclusion

    Penal Code of Morocco, art. 582

  • Setting fire to another's unoccupied building, vehicle, forest, crops and similar property (Crime (réclusion))

    Least
    10 years
    Most
    20 years' réclusion

    Penal Code of Morocco, art. 581

  • Setting fire to an occupied building or home, or to a vehicle or train carrying people (Crime (réclusion))

    Least
    No minimum term set by the statute
    Most
    Death

    Penal Code of Morocco, art. 580

  • Arson that causes the death of one or more people (Crime (réclusion))

    Least
    No minimum term set by the statute
    Most
    Death

    Where the fire causes wounds or permanent infirmity, the penalty is life imprisonment.

    Penal Code of Morocco, art. 584

Netherlands

6 months (a fire by fault) up to life or 30 years (a fire that causes death)

Show the degrees and the articles

Dutch law has one arson offence, 'brandstichting', graded by the danger caused: danger to property, danger to life or serious injury, and death. Negligent fires carry far lower maximums.

New Zealand

Up to 14 years

Show the degrees and the articles

Arson includes intentionally or recklessly damaging property by fire or explosion where danger to life is likely to ensue, and damaging another's immovable property, vehicle, ship or aircraft without claim of right. Attempted arson is punished with up to 10 years (s. 268).

Norway

A fine or up to 1 year (damage to property); 2 to 15 years (fire endangering life); up to 21 years (aggravated)

Show the degrees and the articles

Norway has no separate offence of arson. A fire set to damage property is criminal damage (skadeverk). A fire that could easily cost lives falls under endangering the public (s. 355), and the aggravated form applies where lives are lost (s. 355 a).

Portugal

3 to 10 years (a significant fire creating danger); up to 5 years or 1 to 8 years where negligent

Show the degrees and the articles

Portugal has no offence called arson. The offence is causing a significant fire, for example by setting fire to a building, structure or means of transport, and thereby creating danger to life, to the physical integrity of others or to another's property of high value (art. 272).

Russia

Up to 2 years (destruction of property) up to 5 years (by arson or another dangerous means)

Show the degrees and the articles
  • Intentional destruction or damage of another's property causing significant damage (Crime of small gravity)

    Least
    No minimum term set by the statute
    Most
    2 years' imprisonment (the court may choose a fine, compulsory work, corrective labour, forced labour or arrest instead)

    Criminal Code of the Russian Federation, Art. 167(1)

  • The same, by arson, explosion or another generally dangerous means, or causing death or other grave consequences by negligence (Crime of medium gravity)

    Least
    No minimum term set by the statute
    Most
    5 years' imprisonment (or forced labour for up to 5 years)

    Criminal Code of the Russian Federation, Art. 167(2)

Russia has no separate offence of arson. Setting a fire is punished as intentional destruction of property, with a higher maximum when it is done by arson or another means dangerous to many people. A fire set on purpose to kill is murder (Art. 105(2)).

South Korea

Up to 3 years (burning one's own property) up to death (burning an occupied building and causing death)

Show the degrees and the articles
  • Burning one's own property in a way that endangers the public (Offence)

    Least
    No minimum term set by the statute
    Most
    7 years
    Fine
    Or a fine of up to 10 million won

    Criminal Act (South Korea), Art. 166(2)

  • Burning other property so as to endanger the public (Offence)

    Least
    1 year
    Most
    10 years

    Criminal Act (South Korea), Art. 167(1)

  • Burning a building, train, vehicle, ship or aircraft that is not a dwelling or public property (Offence)

    Least
    2 years
    Most
    30 years (the maximum for a term of imprisonment)

    Criminal Act (South Korea), Art. 166(1)

  • Burning a public building or a building used for the public benefit (Offence)

    Least
    3 years
    Most
    Imprisonment for life

    Life imprisonment, or a term of at least three years.

    Criminal Act (South Korea), Art. 165

  • Burning a building where people live or are present (Offence)

    Least
    3 years
    Most
    Imprisonment for life

    Life imprisonment, or a term of at least three years.

    Criminal Act (South Korea), Art. 164(1)

  • Burning a building where people live or are present, causing injury (Offence)

    Least
    5 years
    Most
    Imprisonment for life

    Life imprisonment, or a term of at least five years.

    Criminal Act (South Korea), Art. 164(2)

  • Burning a building where people live or are present, causing death (Offence)

    Least
    7 years (the alternatives are death or life imprisonment)
    Most
    Death

    Death, life imprisonment, or a term of at least seven years.

    Criminal Act (South Korea), Art. 164(2)

Spain

1 to 3 years (damage by fire) up to 10 to 20 years (a fire endangering life)

Show the degrees and the articles
  • Daños por incendio (damage by fire or explosion) (Pena menos grave (prison of 3 months to 5 years))

    Least
    1 year
    Most
    3 years

    Código Penal (Spain), art. 266(1)

  • Incendio forestal (burning woods or forest land) (Pena menos grave (prison of 3 months to 5 years))

    Least
    1 year
    Most
    5 years
    Fine
    Fine of 12 to 18 months

    Código Penal (Spain), art. 352

  • Incendio forestal of especial gravedad (Pena grave (prison of more than 5 years))

    Least
    3 years
    Most
    6 years
    Fine
    Fine of 18 to 24 months

    Código Penal (Spain), art. 353

  • Incendio causing danger to the life or physical integrity of people (Pena grave (prison of more than 5 years))

    Least
    10 years
    Most
    20 years

    The court may impose a lower penalty where the danger was small.

    Código Penal (Spain), art. 351

Sweden

1 to 3 years (a less serious mordbrand) up to 6 to 18 years or life (grov mordbrand)

Show the degrees and the articles

'Mordbrand' (arson) is setting a fire that endangers another's life or health or causes extensive destruction of another's property. It is the offence the scale below applies to.

Switzerland

At least 1 year (Brandstiftung), at least 3 years where life is endangered knowingly

Show the degrees and the articles
  • Fahrlässige Verursachung einer Feuersbrunst (causing a fire by negligence) (Vergehen (misdemeanour: up to 3 years or a fine))

    Least
    No minimum term set by the statute
    Most
    1 year
    Fine
    A fine (Geldstrafe) may be imposed instead of prison

    Up to 3 years or a fine if life or limb is endangered by negligence (art. 222(2)).

    Swiss Criminal Code (StGB), art. 222(1)

  • Brandstiftung (intentionally causing a fire to another's detriment or creating a public danger) (Verbrechen (felony: more than 3 years))

    Least
    1 year
    Most
    20 years (the longest fixed term, art. 40)

    Swiss Criminal Code (StGB), art. 221(1)

  • Brandstiftung where the offender knowingly endangers the life and limb of people (Verbrechen (felony: more than 3 years))

    Least
    3 years
    Most
    20 years (the longest fixed term, art. 40)

    Swiss Criminal Code (StGB), art. 221(2)

Where only slight damage results, Switzerland allows up to 3 years or a fine (art. 221(3)).

Taiwan

1 to 7 years (other property, creating public danger); 3 to 10 years (unoccupied building); life or at least 7 years (occupied building)

Show the degrees and the articles

Turkey

3 months to 1 year (negligent fire) up to 1 to 5 years (fire creating general danger)

Show the degrees and the articles
  • Taksirle yangına neden olma (causing a fire by negligence, where it is dangerous) (Crime (hapis, prison))

    Least
    3 months
    Most
    1 year

    Turkish Penal Code (Law 5237), art. 171

  • Mala zarar verme (damaging another's property) (Crime (hapis, prison))

    Least
    4 months
    Most
    3 years
    Fine
    A fine may be imposed instead of prison

    Or a fine. On the victim's complaint. Where the damage is done by burning or with explosives, the penalty is increased by up to one fold (art. 152(2)).

    Turkish Penal Code (Law 5237), art. 151

  • Yangın çıkarma (starting a fire in a way dangerous to life, health or property, or creating fear or panic) (Crime (hapis, prison))

    Least
    1 year
    Most
    5 years

    Increased by half where the fire is started in a place where people gather (art. 170(2)).

    Turkish Penal Code (Law 5237), art. 170(1)

Turkey has no single arson offence. A fire set to damage property is aggravated damage (art. 152), and one that endangers people is an offence against public safety (art. 170). Killing by fire is aggravated murder (art. 82).

Other states and countries are being added. Spotted a mistake? Tell us.