Colorado § 18-4-105 Fourth degree arson

Colorado Statutes

§ 18-4-105 — Fourth degree arson

Colorado § 18-4-105

Title 18Criminal

Art.Offenses Against Property

This text of Colorado § 18-4-105 (Fourth degree arson) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 18-4-105 (2026).

Text

(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)A petty offense if only property is thus endangered and the value of the property is less than three hundred dollars;

(b)A class 2 misdemeanor if only property is thus endangered and the value of the property is three hundred dollars or more but less than one thousand dollars;

(c)A class 1 misdemeanor if only property is thus endangered and the value of the proper

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(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) A petty offense if only property is thus endangered and the value of the
property is less than three hundred dollars;

(b) A class 2 misdemeanor if only property is thus endangered and the value
of the property is three hundred dollars or more but less than one thousand dollars;

(c) A class 1 misdemeanor if only property is thus endangered and the value
of the property is one thousand dollars or more but less than two thousand dollars;

(d) A class 6 felony if only property is thus endangered and the value of the
property is two thousand dollars or more but less than five thousand dollars;

(e) A class 5 felony if only property is thus endangered and the value of the
property is five thousand dollars or more but less than twenty thousand dollars;

(f) A class 4 felony if only property is thus endangered and the value of the
property is twenty thousand dollars or more but less than one hundred thousand
dollars;

(g) A class 3 felony if only property is thus endangered and the value of the
property is one hundred thousand dollars or more but less than one million dollars;
and

(h) A class 2 felony if only property is thus endangered and the value of the
property is one million dollars or more.

(4) Repealed.

(5) It shall not be an arson offense pursuant to this section if:

(a) A person starts and maintains a fire as a controlled agricultural burn in a
reasonably cautious manner; and

(b) No person suffers any of the following as a result of the fire:

(I) Bodily injury;

(II) Serious bodily injury; or

(III) Death.

(6) For purposes of this section, controlled agricultural burn means a
technique used in farming to clear the land of any existing crop residue, kill weeds
and weed seeds, or reduce fuel buildup and decrease the likelihood of a future fire.

Legislative History

Source: L. 71: R&RE, p. 426, � 1. C.R.S. 1963: � 40-4-105. L. 77: (1) amended, p. 962, � 21, effective July 1. L. 2010: (5) and (6) added, (HB 10-1123), ch. 121, p. 404, � 1, effective August 11. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3175, � 201, effective March 1, 2022; (4)(b) added by revision, (SB 21-271), ch. 462, pp. 3175, 3331, �� 201, 803.