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This web page contains the elements of the Colorado Crimes of Arson.

These are only the basic elements of these crimes – to fully understand a crime with which you are charged you will need a much greater understanding of Colorado Criminal Law.

This web site is designed to empower criminal defendants by helping them understand every phase of the criminal justice process. It also addresses the different types of defenses and strategies that exist in the Colorado Criminal Justice System.

If you are charged with a crime and seek to understand the new world you have entered – you need to understand that criminal laws and procedures can be so complex that even judges can get them wrong.

First Degree Arson (18-4-102)

  1. A person who knowingly sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any building or occupied structure of another without his consent commits first degree arson.
  2. First degree arson is a class 3 felony.
  3. A defendant convicted of committing first degree arson by the use of any explosive shall be sentenced by the court in accordance with the provisions of section 18-1.3-406.

 Second Degree Arson (18-4-103)

  1. A person who knowingly sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any property of another without his consent, other than a building or occupied structure, commits second degree arson.
  2. Second degree arson is a class 4 felony, if the damage is one hundred dollars or more.
  3. Second degree arson is a class 2 misdemeanor, if the damage is less than one hundred dollars. 

Third Degree Arson (18-4-104)

  1. A person who, by means of fire or explosives, intentionally damages any property with intent to defraud commits third degree arson.
  2. Third degree arson is a class 4 felony

Fourth Degree Arson (18-4-105)

  1. A person who knowingly or recklessly starts or maintains a fire or causes an explosion, on his own property or that of another, and by so doing places another in danger of death or serious bodily injury or places any building or occupied structure of another in danger of damage commits fourth degree arson.
  2. Fourth degree arson is a class 4 felony if a person is thus endangered.
  3. Fourth degree arson is a class 2 misdemeanor if only property is thus endangered and the value of the property is one hundred dollars or more.
  4. Fourth degree arson is a class 3 misdemeanor if only property is thus endangered and the value of the property is less than one hundred dollars.

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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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