Colorado Arson Laws – A Legal Guide

Colorado law defines the crime of arson as intentionally, knowingly or recklessly setting fire to, burning, or using an explosive in order to:

• Damage or destroy your own property, or
• Damage or destroy the property of another without that person’s consent.

In Colorado, arson can be in the first, second, third or fourth degree depending on:

• The type of property involved,
• Whose property it was,
• Whether you set the fire intentionally, knowingly or recklessly, and
• The value of any property damaged.

Is arson a felony in Colorado?

Arson is a Colorado felony if:

• The property you burn or try to burn is a building or occupied structure, or
• You burn property with the intent to defraud someone, or
• You commit the arson intentionally or knowingly (as opposed to recklessly).

However, arson is a Colorado misdemeanor when:

• You burn property other than a building or occupied structure without fraudulent intent, and
• The damage causes less than $2,000 worth of damage, and
• No one is endangered by the fire.

And if the damage is less than $300, then arson is a petty offense.

Colorado arson penalties

There are 4 degrees of arson total (from most serious to least serious):

Colorado arson crime	Penalties (generally)
First degree (CRS 18-4-102): knowingly damaging someone else’s building or occupied structure with fire or explosives.	Of an occupied structure: Class 3 felony: 4 to 12 years in prison and/or $3,000 to $750,000 Of a building: Class 4 felony: 2 to 6 years in prison and/or $2,000 to $500,000
Second degree (CRS 18-4-103): burning a building or occupied structure without the owner’s consent.	A felony, misdemeanor, or petty offense depending on the value of the endangered property
Third degree (CRS 18-4-104): setting fire in order to defraud someone.	Class 5 felony: 1 to 3 years in prison and/or $2,000 to $500,000
Fourth degree (CRS 18-4-105): endangering someone else or their property by setting a fire.	If someone is endangered Class 4 felony: 2 to 6 years in prison and/or $2,000 to $500,000 If no one is endangered A felony, misdemeanor, or petty offense depending on the value of the endangered property

You could also have to pay the victim restitution for the property damage.

Defending Colorado arson charges

Because Colorado’s arson laws are so varied, the best defense against Colorado arson charges depends on the crime you are charged with and the circumstances of your case. However, defenses we commonly see include:

• The fire was an accident,
• The fire was not caused by arson,
• You are the victim of mistaken identification,
• You didn’t have the intent required for the crime you are charged with,
• The fire was an agricultural controlled burn and no one was injured, or
• There was police misconduct during your arrest or the investigation.

To help you better understand the state arson laws, our Denver Colorado criminal defense lawyers discuss the following, below:

• 1. What is arson?
  • 1.1. The legal definition of “building” and “occupied structure”
  • 1.2. When does property belong to another?
  • 1.3. The difference between “intentionally,” “knowingly,” and “recklessly”
• 2. What are Colorado’s degrees of arson?
  • 2.1. First-degree arson — Colorado 18-4-102 C.R.S.
  • 2.2. Second-degree arson – Colorado 18-4-103 C.R.S.
  • 2.3. Third-degree arson – Colorado 18-4-104 C.R.S.
  • 2.4. Fourth-degree arson – Colorado 18-4-105 C.R.S.
• 3. What are the consequences of a Colorado arson conviction?
  • 3.1. First-degree arson penalties
  • 3.2. Second-degree arson penalties
  • 3.3. Third-degree arson penalties
  • 3.4. Fourth-degree arson penalties
• 4. What are the best defenses to Colorado arson charges?
• Additional resources

1. What is arson?

Arson is the crime of intentionally, knowingly or recklessly damaging or destroying property by fire, burning, or explosives.

In Colorado, there are four statutes dealing with the crime of arson:

• First-degree arson — Colorado 18-4-102 C.R.S.;
• Second-degree arson – Colorado 18-4-103 C.R.S.;
• Third-degree arson – Colorado 18-4-104 C.R.S.; and
• Fourth-degree arson – Colorado 18-4-105 C.R.S.

Before we discuss what goes into each of these degrees of arson, let’s take a look at the legal definitions of some key words and phrases.

1.1. The legal definition of “building” and “occupied structure”

Section 18-4-101 of the Colorado Revised Statutes (C.R.S.) defines “building and “occupied structure” as follows:

As used in this article, unless the context otherwise requires:

(1) “Building” means a structure which has the capacity to contain, and is designed for the shelter of, man, animals, or property, and includes a ship, trailer, sleeping car, airplane, or other vehicle or place adapted for overnight accommodations of persons or animals, or for carrying on of business therein, whether or not a person or animal is actually present.

(2) “Occupied structure” means any area, place, facility, or enclosure which, for particular purposes, may be used by persons or animals upon occasion, whether or not included within the definition of “building” in subsection (1) of this section, and which is in fact occupied by a person or animal, and known by the defendant to be thus occupied at the time he acts in violation of one or more of sections 18-4-102 to18-4-105.

1.2. When does property belong to “another”?

18-4-101 C.R.S. also tells us when property belongs to someone else for purposes of Colorado’s arson statutes:

Property is that of “another” if anyone other than the defendant has a possessory or proprietary interest therein.¹ If a building is divided into units for separate occupancy, any unit not occupied by the defendant is a “building of another”.²

Examples of property of “another” include (without limitation):

• A building in which a prior owner retains a security interest;³
• A home with a mortgage;
• A motor home in which a bank or credit union holds a security interest;⁴
• The television set you bought for yourself and your spouse;⁵
• A vacant lot;
• The mailbox at a currently unoccupied house;
• Artwork a friend loaned to you; or
• Your spouse’s pornography collection.

1.3. The difference between “intentionally,” “knowingly,” and “recklessly”

You act intentionally when your conscious objective is to cause the specific result proscribed by the statute defining the offense. It is immaterial to the issue of specific intent whether or not the result actually occurred.⁶ Thus if you intentionally try to burn down a building, you are guilty of first-degree arson even if the building doesn’t burn down.

You commit arson “knowingly” when you are aware that your conduct is in the nature of arson, or that the result of your conduct is practically certain to cause a result prohibited by the statute.⁷

You act recklessly when you consciously disregard a substantial and unjustifiable risk that a result will occur or that a circumstance exists.⁸

2. What are Colorado’s degrees of arson?

2.1. First-degree arson — Colorado 18-4-102 C.R.S.

Section 18-4-102 of the Colorado Revised Statutes (C.R.S.) provides:

A person who knowingly sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any building or occupied structure of another without his consent commits first-degree arson.

2.2. Second-degree arson – Colorado 18-4-103 C.R.S.

18-4-103 C.R.S. provides:

A person who knowingly sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any property of another without his consent, other than a building or occupied structure, commits second-degree arson.

So the difference between Colorado second and first-degree arson is that first-degree arson applies to buildings and occupied structures and second-degree arson applies to all other property knowingly damaged by fire or explosives without the owner’s consent.

2.3. Third-degree arson – Colorado 18-4-104 C.R.S.

18-4-104 C.R.S. provides:

A person who, by means of fire or explosives, intentionally damages any property with intent to defraud commits third-degree arson.

• Example:

Zelda doesn’t have enough money to pay her bills, so she decides to sell a painting she owns that she paid $5,000 for. However, when she goes to sell it, the highest offer she gets is $700. She decides instead to set a fire in her living room so that the painting will catch on fire and she can claim the insurance proceeds.

Because Zelda’s intention was to damage the property and defraud her insurance company into paying for it, she has committed third-degree arson.

2.4. Fourth-degree arson – Colorado 18-4-105 C.R.S.

18-4-105 C.R.S. provides:

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.

“Serious bodily injury” means bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.⁹

Note that the “knowingly” requirement of Colorado’s fourth-degree arson law applies to the act of starting or maintaining a fire or explosion and not to the statute’s endangerment provision. If you knowingly or recklessly start a fire and anyone – even a firefighter – is endangered without your knowledge, you are guilty of fourth-degree arson.¹⁰

Notwithstanding the foregoing, it is NOT arson if:

• You start and maintain a fire as a controlled agricultural burn in a reasonably cautious manner; and
• No one is injured as a result of the fire.

A “controlled agricultural burn” is 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.

3. What are the consequences of a Colorado arson conviction?

3.1. First-degree arson penalties

First-degree arson of an occupied structure is a Colorado class 3 felony. The standard punishment for first-degree arson can include:

• 4-12 years in prison (with 5 years mandatory parole), and/or
• A fine of $3,000-$750,000.

First-degree arson of a building: Class 4 felony. This carries:

• 2 – 6 years in prison (with 3 years mandatory parole), and/or
• $2,000 to $500,000

However, if you are convicted of committing first-degree arson by the use of any explosive, first-degree arson is considered a Colorado “crime of violence.” In such a case a prison sentence is mandatory and shall be for 10-32 years.

3.2. Second-degree arson penalties

The sentence for second-degree arson turns on the value of the property damaged.

Value of Property	Colorado 2nd-Degree Arson Punishments
Less than $300	Petty offense: up to 10 days in jail, and/or a fine of up to $300
$300 to less than $1,000	Class 2 misdemeanor: up to 120 days in jail, and/or a fine of up to $750
$1,000 to less than $2,000	Class 1 misdemeanor: up to 364 days in jail, and/or a fine of up to $1,000
$2,000 to less than $5,000	Class 6 felony: 1 – 18 months years in prison, and/or $1,000 – $100,000
$5,000 to less than $20,000	Class 5 felony: 1 – 3 years in prison, and/or $1,000 – $100,000
$20,000 to less than $100,000	Class 4 felony: 2 – 6 years in prison, and/or $2,000 – $500,000
$100,000 to less than $1,000,000	Class 3 felony: 4 – 12 years in prison, and/or $3,000 – $750,000
$1,000,000 or more	Class 2 felony: 8 – 24 years in prison, and/or $5,000 – $1,000,000

The determination of a property’s value is one for the jury, to be made based on the evidence presented at trial.

In almost all cases, the court will order a person convicted of arson to pay restitution to the victim whose property was burnt, damaged or destroyed.

3.3. Third-degree arson penalties

Third-degree arson is a Colorado class 5 felony. Penalties for third-degree arson can include:

• 1-3 years in prison (with 2 years mandatory parole), and/or
• A fine of $1,000-$100,000.

3.4. Fourth-degree arson penalties

If a person is endangered by your reckless conduct, fourth-degree arson is a Colorado class 4 felony. As a class 4 felony, arson can be punished by:

• 2-6 years in prison (with 3 years mandatory parole), and/or
• A fine of $2,000-$500,000.

If only property is endangered, the penalties for fourth-degree arson turn on the value of the property damaged.

Value of Property	Colorado 4th-Degree Arson Punishments
Less than $300	Petty offense: up to 10 days in jail, and/or a fine of up to $300
$300 to less than $1,000	Class 2 misdemeanor: up to 120 days in jail, and/or a fine of up to $750
$1,000 to less than $2,000	Class 1 misdemeanor: up to 364 days in jail, and/or a fine of up to $1,000
$2,000 to less than $5,000	Class 6 felony: 1 – 18 months years in prison, and/or $1,000 – $100,000
$5,000 to less than $20,000	Class 5 felony: 1 – 3 years in prison, and/or $1,000 – $100,000
$20,000 to less than $100,000	Class 4 felony: 2 – 6 years in prison, and/or $2,000 – $500,000
$100,000 to less than $1,000,000	Class 3 felony: 4 – 12 years in prison, and/or $3,000 – $750,000
$1,000,000 or more	Class 2 felony: 8 – 24 years in prison, and/or $5,000 – $1,000,000

Defendants may also have to pay victim restitution.¹¹

4. What are the best defenses to Colorado arson charges?

Because there are so many variations in Colorado’s laws on arson, the best defenses to charges of arson in Colorado depend on the specific facts of your case.

Complete or partial defenses to arson often include, however:

• The fire or explosion was accidental,
• The fire was not caused by arson,
• You were the victim of mistaken identification,
• You set the fire on your own property (partial defense),
• The owner of the property consented to your burning it,
• The fire damaged neither a building nor an occupied structure (defense to first-degree arson),
• You didn’t intend to defraud anyone (defense to third-degree arson),
• The property was worth less than $100 (partial defense to second or fourth-degree arson),
• No one was endangered (possible defense to fourth-degree arson), or
• There was law enforcement misconduct during your arrest or the investigation.

Additional resources

For more in-depth information on arson laws, refer to these scholarly articles:

• The Evolution of Fire Investigation and its Impact on Arson Cases – Criminal Justice.
• The Metamorphosis of the Law of Arson – Missouri Law Review.
• Assessment, Treatment and Sentencing of Arson Offenders: An Overview – Psychiatry, Psychology, and Law.
• Legal Aspects of Arson – Journal of Criminal Law, Criminology & Police Science.
• The Crime of Arson – Journal of Criminal Law & Criminology.

Also see our page, Is arson a felony?

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