PC §300(B) - AGGRAVATED ARSON

CLASS A MISDEMEANOR

(a) Definition

Aggravated arson is defined as the intentional act of setting fire to property with the specific intent to cause harm to individuals, or when the arson poses a significant risk to human life or involves the use of explosives or accelerants.

(b) Elements of the Offense

To prove aggravated arson, the prosecution must establish the following elements beyond a reasonable doubt:

  1. The defendant intentionally set fire to property.

  2. The defendant's actions were the direct cause of the fire.

  3. The defendant had the specific intent to cause harm to individuals through the fire, or the arson posed a significant risk to human life, or it involved the use of explosives or accelerants.

  4. The property damaged or destroyed by the fire belonged to another person or entity.

(c) Defenses:

Defenses to a charge of aggravated arson may include, but are not limited to:

  • Lack of intent: The defendant did not intend to cause harm to individuals through the fire.

  • Lack of knowledge: The defendant was not aware of the significant risk to human life posed by the fire.

  • Alibi: The defendant can provide evidence showing they were not present at the scene of the fire when it occurred.

(d) Enhancement

Enhanced penalties may apply if the aggravated arson results in injury or death to individuals, or if it involves the use of explosives or accelerants.

(e) Statute of Limitations

Prosecution for arson of a structure or property must commence within 72 hours after the commission of the offense.

JAIL TIME

100 SECONDS OF JAIL TIME.

BOND SET

$10,000.00

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