Section 569.050

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 569

Effective - 01 Jan 2017, 2 histories, see footnote   

  569.050.  Arson in the second degree — penalty. — 1.  A person commits the offense of arson in the second degree if he or she knowingly damages a building or inhabitable structure by starting a fire or causing an explosion.

  2.  A person does not commit an offense under this section if:

  (1)  No person other than himself or herself has a possessory, proprietary or security interest in the damaged building, or if other persons have those interests, all of them consented to his or her conduct; and

  (2)  The person's sole purpose was to destroy or damage the building for a lawful and proper purpose.

  3.  The defendant shall have the burden of injecting the issue under subsection 2 of this section.

  4.  The offense of arson in the second degree is a class D felony unless a person has suffered serious physical injury or has died as a result of the fire or explosion, in which case it is a class B felony.

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(L. 1977 S.B. 60, A.L. 1987 H.B. 57, A.L. 2014 S.B. 491)

Effective 1-01-17