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Arson Penal Codes

TEXAS PENAL CODE § 28.02

§ 28.02. ARSON.
     (a) A person commits an offense if the
     person starts a fire, regardless of whether the fire continues
     after ignition, or causes an explosion with intent to destroy or
     damage:

               (1) any vegetation, fence, or structure on open-space
               land; or

               (2) any building, habitation, or vehicle:

                    (A) knowing that it is within the limits of an
                         incorporated city or town;

                    (B) knowing that it is insured against damage or
                         destruction;

                    (C) knowing that it is subject to a mortgage or
                         other security interest;

                    (D) knowing that it is located on property
                         belonging to another;

                    (E) knowing that it has located within it
                         property belonging to another; or

                    (F) when the person is reckless about whether the
                         burning or explosion will endanger the life of some individual or
                         the safety of the property of another.

     (a-1) A person commits an offense if the person recklessly
     starts a fire or causes an explosion while manufacturing or
     attempting to manufacture a controlled substance and the fire or
     explosion damages any building, habitation, or vehicle.

     (b) It is an exception to the application of Subsection

     (a)(1) that the fire or explosion was a part of the controlled
     burning of open-space land.

     (c) It is a defense to prosecution under Subsection

     (a)(2)(A) that prior to starting the fire or causing the explosion,
     the actor obtained a permit or other written authorization granted
     in accordance with a city ordinance, if any, regulating fires and
     explosions.

     (d) An offense under Subsection (a) is a felony of the
     second degree, except that the offense is a felony of the first
     degree if it is shown on the trial of the offense that:

     (1) bodily injury or death was suffered by any person
     by reason of the commission of the offense; or

     (2) the property intended to be damaged or destroyed
     by the actor was a habitation or a place of assembly or worship.

     (e) An offense under Subsection (a-1) is a state jail
     felony, except that the offense is a felony of the third degree if
     it is shown on the trial of the offense that bodily injury or death
     was suffered by any person by reason of the commission of the
     offense.

     (f) It is a felony of the third degree if a person commits an
     offense under Subsection (a)(2) of this section and the person
     intentionally starts a fire in or on a building, habitation, or
     vehicle, with intent to damage or destroy property belonging to
     another, or with intent to injure any person, and in so doing,
     recklessly causes damage to the building, habitation, or vehicle.

     (g) If conduct that constitutes an offense under Subsection

     (a-1) or that constitutes an offense under Subsection (f) also
     constitutes an offense under another subsection of this section or
     another section of this code, the actor may be prosecuted under
     Subsection (a-1) or Subsection (f), under the other subsection of
     this section, or under the other section of this code.


NOTE: This information is NOT LEGAL ADVICE. It is provided for EDUCATIONAL USE ONLY. If you need legal advice regarding a criminal matter in the State of Texas, please contact MARK THIESSEN at 713-864-9000 or fill out a brief case evaluation form.