§ 13A-7-42 — Arson in the 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:
(1) 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
(2) 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.

Legislative History

(Acts 1977, No. 607, p. 812, §2806; Acts 1983, 2nd Ex. Sess., No. 83-177, p. 346.)