PC §300(D) - ARSON OF AN INHABITED DWELLING
CLASS D FELONY
(a) Definition
Arson of an inhabited dwelling is defined as the intentional act of setting fire to a building or structure where people reside or are present at the time of the offense.
(b) Elements of the Offense
To prove arson of an inhabited dwelling, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant intentionally set fire to a building or structure.
The building or structure was inhabited or occupied by individuals at the time of the offense.
The defendant's actions were the direct cause of the fire.
The property damaged or destroyed by the fire belonged to another person or entity.
(c) Defenses
Defenses to a charge of arson of an inhabited dwelling may include, but are not limited to:
Lack of intent: The defendant did not intend to set fire to the inhabited dwelling.
Lack of knowledge: The defendant was not aware that the building or structure was inhabited at the time of the offense.
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 arson of a structure or property 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
360 SECONDS OF JAIL TIME.
BOND SET
$300,000.00
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