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13-1701. Definitions
In this chapter, unless the context otherwise requires:
- "Damage" means any physical or visual impairment of any surface.
- "Occupied structure" means any structure as defined in paragraph 4 in which one or more human beings either is or is likely to be present or so near as to be in
equivalent danger at the time the fire or explosion occurs. The term includes any dwelling house, whether occupied, unoccupied or vacant.
- "Property" means anything other than a structure which has value, tangible or intangible, public or private, real or personal, including documents evidencing value or ownership.
- "Structure" means any building, object, vehicle, watercraft, aircraft or place with sides and a floor, used for lodging, business, transportation, recreation or storage.
- "Wildland" means any brush covered land, cutover land, forest, grassland or woods.
13-1702. Reckless burning; classification
- A person commits reckless burning by recklessly causing a fire or explosion which results in damage to an occupied structure, a structure, wildland or property.
- Reckless burning is a class 1 misdemeanor.
13-1703. Arson of a structure or property; classification
- A person commits arson of a structure or property by knowingly and unlawfully damaging a structure or property by knowingly causing a fire or explosion.
- Arson of a structure is a class 4 felony. Arson of property is a class 4 felony if the property had a value of more than one thousand dollars. Arson of property is a
class 5 felony if the property had a value of more than one hundred dollars but not more than one thousand dollars. Arson of property is a class 1 misdemeanor if the property
had a value of one hundred dollars or less.
13-1704. Arson of an occupied structure; classification
- A person commits arson of an occupied structure by knowingly and unlawfully damaging an occupied structure by knowingly causing a fire or explosion.
- Arson of an occupied structure is a class 2 felony.
13-1705. Arson of an occupied jail or prison facility; classification.
- A person commits arson of an occupied jail or prison facility by knowingly causing a fire or explosion which results in physical damage to the jail or prison facility.
- Arson of an occupied jail or prison facility is a class 4 felony.
13-1706. Burning of wildlands; exceptions; classification
- It is unlawful for any person, without lawful authority, to intentionally, knowingly, recklessly or with criminal negligence to set or cause to be set on fire any
wildland other than the person's own or to permit a fire that was set or caused to be set by the person to pass from the person's own grounds to the grounds of another person.
- This section does not apply to any of the following:
- Open burning that is lawfully conducted in the course of agricultural operations.
- Fire management operations that are conducted by a political subdivision.
- Prescribed or controlled burns that are conducted with written authority from the state forester.
- Lawful activities that are conducted pursuant to any rule, regulation or policy that is adopted by a state, tribal or federal agency.
- In absence of a fire ban or other burn restrictions to a person on public lands, setting a fire for purposes of cooking or warming that does not spread sufficiently from
its source to require action by a fire control agency.
- A person who violates this section is guilty of an offense as follows:
- If done with criminal negligence, the offense is a class 2 misdemeanor.
- If done recklessly, the offense is a class 1 misdemeanor.
- If done intentionally or knowingly and the person knows or reasonably should know that the person's conduct violates any order or rule that is issued by a governmental
entity and that prohibits, bans, restricts or otherwise regulates fires during periods of extreme fire hazard, the offense is a class 6 felony.
- If done intentionally and the person's conduct places another person in danger of death or serious bodily injury or places any building or occupied structure of another
person in danger of damage, the offense is a class 3 felony.
Disclaimer: These are the statutes as they read on October 30, 2008 on the Arizona State Legislature's website. Each year the Arizona State Legislature changes
some of the criminal laws. Generally (but not always), the criminal law (statute) that is in place on the date of offense is the law that applies to the case. To find the most
current version of the statute go to the Arizona State Legislature's
website (http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=13)
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