pdf version -
arson law and
penalty.pdf
(a) A person commits an offense if the person starts a fire, regardless of whether the fire
continues after ignition, or causes an explosion with intent to destroy or damage:
(1) any vegetation, fence, or structure on open-space land; or
(2) any building, habitation, or vehicle:
(A) knowing that it is within the limits of an incorporated city or town;
(B) knowing that it is insured against damage or destruction;
(C) knowing that it is subject to a mortgage or other security interest;
(D) knowing that it is located on property belonging to another;
(E) knowing that it has located within it property belonging to another; or
(F) when the person is reckless about whether the burning or explosion will endanger the life of
some individual or the safety of the property of another.
(b) It is an exception to the application of Subsection (a)(1) that the fire or explosion was a part
of the controlled burning of open-space land.
(c) It is a defense to prosecution under Subsection (a)(2)(A) that prior to starting the fire or
causing the explosion, the actor obtained a permit or other written authorization granted in
accordance with a city ordinance, if any, regulating fires and explosions.
(d) An offense under this section is a felony of the second degree, except that the offense is a
felony of the first degree if it is shown on the trial of the offense that:
(1) bodily injury or death was suffered by any person by reason of the commission of the
offense; or
(2) the property intended to be damaged or destroyed by the actor was a habitation or a place of
assembly or worship.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg.,
p. 1216, ch. 588, § 2, eff. Sept. 1, 1979; Acts 1981, 67th Leg., p. 1837, ch. 425, § 1, eff. Sept. 1,
1981; Acts 1989, 71st Leg., ch. 31, § 2, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, § 1.01,
eff. Sept. 1, 1994.
Amended by Acts 1997, 75th Leg., ch. 1006, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch.
976, § 1, eff. Sept. 1, 2001.
§ 12.32. First Degree Felony Punishment
(a) An individual adjudged guilty of a felony of the first degree shall be punished by
imprisonment in the institutional division for life or for any term of not more than 99 years or
less than 5 years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may
be punished by a fine not to exceed $10,000.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Renumbered from § 12.31 by Acts
1973, 63rd Leg., p. 1124, ch. 426, art. 2, § 2, eff. Jan. 1, 1974. Amended by Acts 1979, 66th
Leg., p. 1058, ch. 488, § 1, eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 12.33. Second Degree Felony Punishment
(a) An individual adjudged guilty of a felony of the second degree shall be punished by
imprisonment in the institutional division for any term of not more than 20 years or less than 2
years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree
may be punished by a fine not to exceed $10,000.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Renumbered from § 12.32 by Acts
1973, 63rd Leg., p. 1124, ch. 426, art. 2, § 2, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd
Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.