Section 569.050

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 569

Effective - 28 Sep 1987, 2 histories, see footnote   (history) 

  *569.050.  Until December 31, 2016 — Arson in the second degree. — 1.  A person commits the crime of arson in the second degree when he knowingly damages a building or inhabitable structure by starting a fire or causing an explosion.

  2.  A person does not commit a crime under this section if:

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

  (2)  His 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.  Arson in the second degree is a class C felony unless a person has suffered serious physical injury or has died as a result of the fire or explosion set by the defendant in which case arson in the second degree is a class B felony.

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

*This section was amended by S.B. 491, 2014, effective 1-01-17.  Due to the delayed effective date, both versions of this section are printed here.