Because each state has its own statute, there’s no single answer regarding what kinds of misconduct cause you to be charged with different degrees of arson. In Pennsylvania, for example, you might be charged with a different degree of arson based on whether you intentionally or recklessly put someone in harm’s way.
In Florida, on the other hand, you could be charged with first-degree arson for either of the following:
- willfully or unlawfully causing damage by fire to any dwelling or to any structure where people are normally present
- willfully or unlawfully causing damage to any other structure you knew or had reason to believe had people present.
While there are differences from jurisdiction to jurisdiction, there are also some common trends in state arson laws. For instance, most have different degrees of arson offenses, and most criminalize the same kinds of behavior within each specific degree of offense.
Here are some common trends for how arson charges are defined across the United States.
First-Degree Arson
First-degree arson is the most serious charge, generally reserved for situations where you set a fire intentionally that causes a risk to human life, such as by burning a hospital where you know people are likely to be.
Second-Degree Arson
Second-degree arson usually involves unlawful and malicious burning of unoccupied or empty buildings or vehicles, such as abandoned homes.
Third-Degree Arson
Third-degree arson is sometimes defined as arson involving your own property with intent to commit insurance fraud. In some states, you could be charged with this offense if you set fire in spaces such as a field or parking lot.
Fourth-Degree Arson
Fourth-degree arson is usually defined to include recklessly starting a fire that leads to property damage.
Most states do not go beyond fourth-degree arson, although New York does. New York establishes fifth-degree arson as an offense that involves burning personal property.