§ 634:1 — Arson

I. A person is guilty of arson if he knowingly starts a fire or causes an explosion which unlawfully damages the property of another.
II. Arson is a class A felony if the property damaged is:
(a) An occupied structure and the actor knew it was an occupied structure; or
(b) An historic structure.
III. Arson is a class B felony if:
(a) The property is either that of another or the actor's property, and the fire was started or the explosion caused for the purpose of collecting insurance on such property; or
(b) The actor purposely starts a fire or causes an explosion on anyone's property and thereby recklessly places another in danger of death or serious bodily injury, or places an occupied structure of another in danger of damage; or
(c) The property damaged is real estate; or
(d) The pecuniary loss caused is in excess of $1,000.
IV. All other arson is a misdemeanor.
V. As used in this section:
(a) "Occupied structure" has the same meaning as in RSA 635:1, III, and includes structures appurtenant to occupied structures and seasonal dwellings whether vacant or occupied;
(b) "Property" has the same meaning as in RSA 637:2, I;
(c) "Property of another" has the same meaning as in RSA 637:2, IV.
(d) "Historic structure" means any structure listed, or determined by the department of natural and cultural resources to be eligible for listing, in the National Register of Historic Places, or designated as historic under state or local law.

Legislative History

1971, 518:1. 1975, 284:1, 2. 1994, 346:1, 2. 1998, 363:3, eff. Aug. 25, 1998. 2017, 156:38, eff. July 1, 2017.