Penal Code · §28.02
Arson
Elements
- A person
- Starts a fire, regardless of whether the fire continues after ignition, or causes an explosion
- With intent to destroy or damage any vegetation, fence, or structure on open-space land; or any building, habitation, or vehicle (knowing it is within an incorporated city/town, insured, owned by another, with intent to defraud, or that someone has a security interest, or with reckless disregard of life-safety)
Penalty
Second-degree felony base — 2 to 20 years TDCJ + up to $10,000 fine (§12.33).
Enhancements
First-degree felony if: bodily injury or death results to any person; OR the property intended to be damaged was a habitation or place of assembly/worship — 5 to 99 years or life + up to $10,000 fine (§12.32). State jail felony for certain reckless arsons under §28.02(a-1) (e.g., manufacturing controlled substance and starting fire).