Section 569.040

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 569

Effective - 28 Aug 2005, 2 histories, see footnote   (history) 

  *569.040.  Until December 31, 2016 — Arson in the first degree. — 1.  A person commits the crime of arson in the first degree when he or she:

  (1)  Knowingly damages a building or inhabitable structure, and when any person is then present or in near proximity thereto, by starting a fire or causing an explosion and thereby recklessly places such person in danger of death or serious physical injury; or

  (2)  By starting a fire or explosion, damages a building or inhabitable structure in an attempt to produce methamphetamine.

  2.  Arson in the first degree is a class B felony unless a person has suffered serious physical injury or has died as a result of the fire or explosion set by the defendant or as a result of a fire or explosion started in an attempt by the defendant to produce methamphetamine, in which case arson in the first degree is a class A felony.

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(L. 1977 S.B. 60, A.L. 1987 H.B. 57, A.L. 2005 H.B. 353)

*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.