§ 5-38-301 — Arson

Arkansas § 5-38-301

• Jurisdiction: Arkansas
• Title: 5

Text

(a) A person commits arson if he or she: (1) Starts a fire or causes an explosion with the purpose of destroying or otherwise damaging: (A) An occupiable structure or motor vehicle that is the property of another person; (B) Any property, whether his or her own or property of another person, for the purpose of collecting any insurance for the property; (C) Any property, whether his or her own or property of another person, if the act thereby negligently creates a risk of death or serious physical injury to any person; (D) A vital public facility; (E) Any dedicated church property used as a place of worship exempt from taxes pursuant to § 26-3-301 ; (F) Any public building or occupiable structure that is either owned or leased by the state or any political subdivision of the state; or (G) An area of real property being used for the commercial growth of timber or other agricultural product, if: (i) Timber or other agricultural product is destroyed or made commercially nonviable; and (ii) The value of the destroyed or commercially nonviable timber or other agricultural product is more than five thousand dollars ($5,000); or (2) Recklessly causes a fire or an explosion in the course of and in furtherance of a felony or in immediate flight after committing a felony that results in destroying or otherwise damaging: (A) Any occupiable structure or motor vehicle; (B) Any property, if the fire or explosion creates a risk of death or serious physical injury to any person; (C) A vital public facility; (D) Any dedicated church property used as a place of worship exempt from taxes pursuant to § 26-3-301 ; or (E) Any public building or occupiable structure that is either owned or leased by the state or any political subdivision of the state. (b) Arson is a: (1) Class A misdemeanor if the property sustains less than five hundred dollars ($500) worth of damage; (2) Class D felony if the property sustains at least five hundred dollars ($500) but less than two thousand five hundred dollars ($2,500) worth of damage; (3) Class C felony if the property sustains at least two thousand five hundred dollars ($2,500) but less than five thousand dollars ($5,000) worth of damage; (4) Class B felony if: (A) The property sustains at least five thousand dollars ($5,000) but less than fifteen thousand dollars ($15,000) worth of damage; or (B) The arson is under subdivision (a)(1)(G) of this section; (5) Class A felony if the property sustains at least fifteen thousand dollars ($15,000) but less than one hundred thousand dollars ($100,000) worth of damage; or (6) Class Y felony if the property sustains damage in an amount of at least one hundred thousand dollars ($100,000). (c) As used in this section, "motor vehicle" means every self-propelled device in, upon, or by which any person or property is, or may be, transported or drawn upon a street or highway. (d) (1) (A) If the Governor deems it necessary, he or she may offer a reward not to exceed fifty thousand dollars ($50,000) for information leading to the apprehension, arrest, and conviction of a person who has committed, attempted to commit, or conspired to commit a criminal offense under this section. (B) The fifty-thousand-dollar reward maximum imposed by this section only applies to state-appropriated funds. (C) The Governor may increase the amount of any reward offered by use of funds from the Reward Pool Fund created in this section. (2) When the Governor offers a reward pursuant to this section, he or she may place any reasonable condition upon collection of the reward as he or she deems necessary. (3) (A) The Governor may establish and administer a fund to be known as the "Reward Pool Fund". (B) Any monetary donation or gift made by a private citizen or corporation for the purpose of offering a reward or enhancing a state-funded reward offered for information leading to the apprehension, arrest, and conviction of a person who has committed, attempted to commit, or conspired to commit a criminal offense under this section shall be deposited into the fund. (C) (i) The Governor shall have the sole discretion to determine if and how much of the fund is offered in a particular criminal case. (ii) However, if the donor places any lawful restriction or instruction on use of the donation at the time it is given, the restriction or instruction shall be honored. (4) Any person completing the requirements to be eligible for the reward is entitled to the reward offered by the Governor, and the Governor shall certify the amount of the reward to the Auditor of State, who shall issue his or her warrant on the State Treasury for the reward, to be paid out of any money appropriated or deposited into the fund.

Legislative History

Amended by Act 2017, No. 630,§ 2, eff. 8/1/2017. Acts 1975, No. 280, § 1902; 1981, No. 544, § 1; A.S.A. 1947, § 41-1902; Acts 1987, No. 242, § 1; 1991, No. 299, § 1; 1997, No. 921, § 1; 2005, No. 1529, § 1; 2007, No. 827, § 42.