Huntsville, Alabama DUI Lawyer

First Degree

(a) A person commits the crime of arson in the first degree if he intentionally damages a building by starting or maintaining a fire or causing an explosion, and when:
- Another person is present in such building at the time, and
- The actor knows that fact, or the circumstances are such as to render the presence of a person therein a reasonable possibility.
(b) Arson in the first degree is a Class A felony.

Second Degree

(a) A person commits the crime of arson in the second degree if he intentionally damages a building by starting or maintaining a fire or causing an explosion.
(b) A person does not commit a crime under subsection (a) if:
- No person other than himself has a possessory or proprietary interest in the building damaged; or if other persons have those interests, all of them consented to his conduct; and
- His sole intent was to destroy or damage the building for a lawful and proper purpose.
(c) The burden of injecting the issue of justification in subsection (b) is on the defendant, but this does not shift the burden of proof.
(d) A person commits the crime of arson in the second degree if he intentionally starts or maintains a fire or causes an explosion which damages property in a detention facility or a penal facility, as defined in Section 13A-10-30, with reckless disregard (because of the nature or extent of the damage caused or which would have been caused but for the intervention of others) for the safety of others.
(e) Arson in the second degree is a Class B felony

Third Degree

(a) A person commits the crime of arson in the third degree if he recklessly damages a building by a fire or an explosion.
(b) A person does not commit a crime under this section if no person other than himself has a possessory or proprietary interest in the damaged building.
(c) The burden of injecting the issue of justification in subsection (b) is on the defendant, but this does not shift the burden of proof.
(d) Arson in the third degree is a Class A misdemeanor.

The above is an excerpt (as of 05 May 2006) from Title 13A Criminal Section of The Code of Alabama 1975. This information is for reference only. For further explanation please contact Russell Crumbley's Law Office.



	First Degree (a) A person commits the crime of arson in the first degree if he intentionally damages a building by starting or maintaining a fire or causing an explosion, and when: Another person is present in such building at the time, and The actor knows that fact, or the circumstances are such as to render the presence of a person therein a reasonable possibility. (b) Arson in the first degree is a Class A felony. Second Degree (a) A person commits the crime of arson in the second degree if he intentionally damages a building by starting or maintaining a fire or causing an explosion. (b) A person does not commit a crime under subsection (a) if: No person other than himself has a possessory or proprietary interest in the building damaged; or if other persons have those interests, all of them consented to his conduct; and His sole intent was to destroy or damage the building for a lawful and proper purpose. (c) The burden of injecting the issue of justification in subsection (b) is on the defendant, but this does not shift the burden of proof. (d) A person commits the crime of arson in the second degree if he intentionally starts or maintains a fire or causes an explosion which damages property in a detention facility or a penal facility, as defined in Section 13A-10-30, with reckless disregard (because of the nature or extent of the damage caused or which would have been caused but for the intervention of others) for the safety of others. (e) Arson in the second degree is a Class B felony Third Degree (a) A person commits the crime of arson in the third degree if he recklessly damages a building by a fire or an explosion. (b) A person does not commit a crime under this section if no person other than himself has a possessory or proprietary interest in the damaged building. (c) The burden of injecting the issue of justification in subsection (b) is on the defendant, but this does not shift the burden of proof. (d) Arson in the third degree is a Class A misdemeanor. The above is an excerpt (as of 05 May 2006) from Title 13A Criminal Section of The Code of Alabama 1975. This information is for reference only. For further explanation please contact Russell Crumbley's Law Office.
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