The Arson crime in the state of Texas makes starting a fire or causing an explosion illegal under certain dangerous circumstances. Arson includes recklessly starting a fire that damages people or property, with intent to damage property or in the process of manufacturing illegal drugs. Learn more detailed information about the Arson offense below. Show
The Arson offense does require the state to prove a specific intent, unless the fire or explosion caused damage to property or injury to a person. If the fire caused damage or injury, then the state only has to prove that you were reckless. Have you been charged with Arson? Call criminal lawyer Paul Saputo at (888) 239-9305 to discuss legal representation.Arson is classified in the Texas Penal Code under Title 7 “Offenses Against Property”, Chapter 28 “Arson, Criminal Mischief, And Other Property Damage Or Destruction.” What is the current Texas law about Arson?The current Texas law is as follows:1
How can I be charged with Arson?You can be charged with Arson if the state’s attorneys believe that each of the elements of 28.02(a) as described in the section above have been met. However, there is an exception to a Subsection (a)(1) offense. In addition to proving the that there you intended to burn open-space land, the state also has to prove that the fire or explosion was not a part of the controlled burning of open-space land.2 If you obtained a municipal permit to burn something, then you might still be subject to an Arson prosecution by state attorneys, but you can assert a defense at trial that prior to starting the fire or causing the explosion, you obtained a permit or other written authorization granted in accordance with a city ordinance regulating fires and explosions.3 What is the punishment for Arson?If the offense falls
under subsection (a), then a conviction for Arson is punished as a Felony of the Second Degree (with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years), unless the fire caused any injury or the property was a home or place of worship, in which case the offense is punished as a Felony of the First Degree (with a maximum possible fine under Texas state law of up to $10,000 and up to life in
prison).4 If the offense is related to manufacturing illegal drugs under subsection (a-1), then a conviction for Arson is punished as a State Jail Felony (with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to 2 years), unless the fire causes serious bodily injury or death, in which case it is a Felony of the Third Degree (with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years).5 If the state does not prove a specific intent and only obtains a conviction under the “reckless” subsection (a-2) offense, then a conviction is punished as a State Jail
Felony,6 Legal References: 1 Texas Penal Code §28.02 2 Texas Penal Code §28.02(b) 3 Texas Penal Code §28.02(c) 4 Texas Penal Code §28.02(d) 5 Texas Penal Code §28.02(e) 6 Texas Penal Code §28.02(f) Recent Case Results
Which crime would have been arson under common law quizlet?At common law, arson was defined very narrowly. -It was the (1) malicious (2) burning of a (3) dwelling house of (4) another.
Which of the following represents the mens rea element of common law arson?However, if the explosion causes a fire which, in turn, causes some damage to a dwelling, the requirement of a "burning" for arson purposes has been satisfied. The mens rea required for arson is malice.
What is the mens rea of arson under the Model Penal Code quizlet?Under the Model Penal Code, the mens rea for arson is purposeful and reckless. The burning of dwellings is the second highest form of arson. Under common law, only residences were protected against arson. Passing through an open door or window is an example of breaking and entering.
Is the malicious burning of any structure including one's own home?Definition: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.
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