Section 708-8254 - Arson in the fourth degree(1) A person commits the offense of arson in the fourth degree if the person intentionally, knowingly, or recklessly sets fire to, or causes to be burned, property and thereby damages the property of another without the other's consent.(2) Except as provided in subsection (3), arson in the fourth degree shall be a misdemeanor.(3) Arson in the fourth degree shall be a class C felony if the act was committed during the time period and within the geographic area in which a red flag warning was in effect. The state of mind requirement for the offense shall not be applicable to the fact that the red flag warning was in effect at the time and within the geographic area in which the act was committed. The state of mind requirement applicable to the attendant circumstance that the red flag warning was in effect at the time and within the geographic area in which the act was committed shall be negligence. For purposes of this subsection, "red flag warning" means the weather warning issued by the National Weather Service to indicate that warm temperatures, very low humidities, and stronger winds are expected to combine to produce an increased risk of fire danger.
Amended by L 2024, c 201,§ 3, eff. 7/5/2024. L 2006, c 181 , pt of §1; am L 2007, c 11, §2 .COMMENTARY ON §§ 708-8251 TO 8254
Act 181, Session Laws 2006, added this part, establishing the crime of arson in the first, second, third, and fourth degrees, as property damage offenses. The legislature found that fires that are intentionally set cause extensive damage to public and private properties and threaten lives. Conference Committee Report No. 50-06.
Act 11, Session Laws 2007, amended § 708-8254(1) to include recklessness in the state of mind requirement for arson in the fourth degree. Senate Standing Committee Report No. 1128, House Standing Committee Report No. 773.