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2nd-Degree Arson – Colorado Law & Penalties – 18-4-103 CRS

CRS § 18-4-103 defines the Colorado crime of second-degree arson as
  1. damaging someone else’s property using fire or an explosion,
  2. when that property is something other than a building or occupied structure.
Criminal charges for second-degree arson can be filed as: The language of § 18-4-103 reads as follows:
(1) 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.
There are 4 degrees of arson in 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 property other than 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. In this article, our Denver criminal defense attorneys will address the following key issues regarding second-degree arson in Colorado law:

1. Overview

Second-degree arson in Colorado is defined by CRS 18-4-103. This statute makes it a crime to knowingly damage another person’s property by fire or explosion without their consent. It does not cover buildings or occupied structures that get damaged. The factors that make an arson accusation second-degree arson are:
  • The property is owned by someone else,
  • The damaged property was not a building or occupied structure, and
  • There was damage to the property.

What is a “building or occupied structure” in Colorado’s arson law?

Colorado’s second-degree arson law only covers property that is not a building or occupied structure. A building is a structure that was designed to house animals, people, or property.1 A building does not actually have to be occupied at the time for there to be arson. Examples of a “building” under CRS 18-4-103 include a:
  • House,
  • Garage, including a detached garage,
  • Boat,
  • Recreation vehicle,
  • Airplane,
  • Trailer of a truck,2 and
  • Mobile home.3
An occupied structure under CRS 18-4-103 is an enclosure or area that people or animals can use. To be an “occupied structure” under Colorado’s arson laws, the area does have to be occupied at the time of the offense.4 Occupied structures can include:
  • A campground,
  • A tent,
  • An outhouse,
  • An occupied car, or
  • An outdoor dog kennel.5
Setting fire to any of these objects leads to charges of arson in the first degree. Second-degree arson charges under CRS 18-4-103 are for damaging any other type of property.

Who is the “owner” of a building?

CRS 18-4-103 outlaws committing arson on someone else’s property. An owner is anyone with a possessory or a proprietary interest in the property.6

What constitutes “damage”?

Second-degree arson requires there to be property damage. Completely destroying the property is not necessary for a second-degree arson accusation.7 However, there has to be more than just scorch marks or discoloration.8 Colorado courts have held that the property must be changed by fire or ignite in flames.9
Attorney at desk speaking with in-custody defendant
A solid legal defense is essential to fighting a second-degree arson charge.

2. Defenses

There are numerous legal defenses you can use to defend against a charge of arson in the second degree. Three of the most common are the following.

1) You did not knowingly start the fire

You can only be liable for second-degree arson if you knowingly cause a fire or explosion. It is up to the prosecutor to prove this element of the crime. They have to prove it beyond a reasonable doubt.

2) The property owner consented

If the owner of the damaged property consented to its destruction, you cannot be liable for second-degree arson. For consent to be a defense, all property owners must consent to its destruction.
Example: Ted and Daniel want to burn David’s mattress to celebrate a Super Bowl win. David agrees.

3) The defendant was falsely accused

Sometimes, people levy false accusations to get another person into trouble. If the defense can impeach the accuser’s credibility or show there is insufficient evidence to convict the defendant, criminal charges should not stand.
A car in flames as an example of second-degree arson per Colorado 18-4-103 CRS
CRS 18-4-103 defines second-degree arson as damaging someone else’s property using fire or an explosion when that property is something other than a building or occupied structure.

3. Penalties

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

Value of Property

Colorado 2nd-Degree Arson Penalties
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 year – 18 months 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
Judges can also force defendants to pay restitution to the victim.10

4. Related Offenses

Certain crimes are related to second-degree arson in Colorado. Some of these are charged along with second-degree arson charges under CRS 18-4-103:
  • First-degree arson (CRS 18-4-102). This is the crime of damaging a building or occupied structure with a fire or explosion.
  • Third-degree arson (CRS 18-4-104). This involves setting something on fire for the purpose of fraud.
  • Fourth-degree arson (CRS 18-4-105). This is the crime of putting other people or property at risk by starting a fire.
  • Criminal mischief (CRS 18-4-501). This is the crime of knowingly damaging someone’s property without their consent.

Additional Resources

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

Legal References:

  1. C.R.S. § 18-4-101(1).
  2. People v. Simien, 671 P.2d 1021 (Colo. App. 1983).
  3. People ex rel. VanMeveren v. District Court, 619 P.2d 494 (Colo. 1980).
  4. C.R.S. § 18-4-101(1).
  5. People v. Moyer, 635 P.2d 553 (Colo. 1981).
  6. C.R.S. § 18-4-101(3).
  7. People v. LeFebre, 546 P.2d 952 (Colo. 1976).
  8. People v. LeFebre, Supra.
  9. People v. LeFebre, Supra.
  10. CRS 18-4-103. Prior to March 1, 2022, 2nd-degree arson was a class 4 felony when there was $100 or more in damage (carrying a minimum of $2,000 in fines and/or two to six years in prison). And 2nd-degree arson was a class 2 misdemeanor when there was less than $100 in damage (carrying a minimum fine of $250 and/or 3 months to 1 year in jail). SB21-271.

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