2012 Statute
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21-5812. Arson; aggravated arson. (a) Arson is: (1) Knowingly, by means of fire or explosive damaging any building or property which: (A) Is a dwelling in which another person has any interest without the consent of such other person; (B) is a dwelling with intent to injure or defraud an insurer or lienholder; (C) is not a dwelling in which another person has any interest without the consent of such other person; or (D) is not a dwelling with intent to injure or defraud an insurer or lienholder; (2) accidentally, by means of fire or explosive, as a result of manufacturing or attempting to manufacture a controlled substance or controlled substance analog in violation of K.S.A. 2011 Supp. 21-5703, and amendments thereto, damaging any building or property which is a dwelling; or (3) accidentally, by means of fire or explosive as a result of manufacturing or attempting to manufacture a controlled substance or controlled substance analog in violation of K.S.A. 2012 Supp. 21-5703, and amendments thereto, damaging any building or property which is not a dwelling. (b) Aggravated arson is arson, as defined in subsection (a): (1) Committed upon a building or property in which there is a human being; or (2) which results in great bodily harm or disfigurement to a firefighter or law enforcement officer in the course of fighting or investigating the fire. (c) (1) Arson as defined in: (A) Subsection (a)(1)(A) or (a)(1)(B) is a severity level 6, person felony; (B) subsection (a)(1)(C) , (a)(1)(D) or (a)(3) is a severity level 7, nonperson felony; and (C) subsection (a)(2) is a severity level 7, person felony. (2) Aggravated arson as defined in: (A) Subsection (b)(1) is a: (i) Severity level 3, person felony, if such crime results in a substantial risk of bodily harm; and (ii) severity level 6, person felony, if such crime results in no substantial risk of bodily harm; and (B) subsection (b)(2) is a severity level 3, person felony. |
History: L. 2010, ch. 136, § 98; L. 2011, ch. 30, § 37; July 1. |
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