{"id":6793,"date":"2012-08-20T10:00:50","date_gmt":"2012-08-20T17:00:50","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?p=6793"},"modified":"2024-06-27T17:25:20","modified_gmt":"2024-06-28T00:25:20","slug":"types-of-arson-in-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/blog\/types-of-arson-in-arizona\/","title":{"rendered":"Types of Arson in Arizona"},"content":{"rendered":"

Introduction<\/h2>\n

In Arizona, there are different levels of arson that range from the burning of wildlands to the burning of an occupied structure. Depending on the level of arson committed, it could be classified as a felony or a misdemeanor. If emergency response personnel are called to the scene, the person convicted of arson may be held liable for the expenses that were incurred.<\/p>\n

Reckless Burning<\/h2>\n

Reckless burning occurs when a person unintentionally causes a fire or explosion, which causes damage to an occupied structure, an unoccupied structure, wildlands, or property. Reckless burning is a class 1 misdemeanor.<\/p>\n

Unlawful Cross or Symbol Burning<\/h2>\n

Arizona state law states that it\u2019s unlawful for a person to burn a cross on the property of another person without their consent, on a highway, or any other public place. It\u2019s also unlawful to burn any other symbol on the property of another person without their consent, on a highway or in another public place. Both of these criminal acts are class 1 misdemeanors.<\/p>\n

Wildlands Burning<\/h2>\n

The only types of wildlands burnings that are legal include:<\/p>\n

    \n
  1. Open burnings that are lawfully conducted in the course of agricultural operations.<\/li>\n
  2. Fire management operations that are conducted by a political subdivision.<\/li>\n
  3. Prescribed or controlled burns that are conducted with written authority from the state forester.<\/li>\n
  4. Lawful activities that are conducted pursuant to any rule, regulation, or policy that is adopted by a state, tribal, or federal agency.<\/li>\n<\/ol>\n

    If wildlands burning takes place, and it isn\u2019t one of the lawful reasons above, the arsonist could be looking at a class 3 felony.<\/p>\n

      \n
    1. If the act is committed negligently, it\u2019s considered a class 2 misdemeanor.<\/li>\n
    2. If the act is committed recklessly, it\u2019s a class 1 misdemeanor.<\/li>\n
    3. If the person commits the act intentionally or knowingly, it\u2019s a class 6 felony.<\/li>\n
    4. If the act places a person, an occupied structure, or an unoccupied structure in danger of injury or damage, it\u2019s considered a class 3 felony.<\/li>\n<\/ol>\n

      Arson of a Structure or Property<\/h2>\n

      Property is defined as anything besides a structure that has value, whether it\u2019s tangible or not. A structure is any building, watercraft, vehicle, aircraft, or an object that has sides and a floor.<\/p>\n\n\n\n\n\n\n
      \n

      Value of the Property<\/strong><\/p>\n<\/td>\n

      		\n

      Type of Crime<\/strong><\/p>\n<\/td>\n<\/tr>\n

      Less than $100<\/td>\nClass 1 Misdemeanor<\/td>\n<\/tr>\n
      Between $100 and $1,000<\/td>\nClass 5 Felony<\/td>\n<\/tr>\n
      More than $1,000<\/td>\nClass 4 Felony<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n