Arson of a Structure or Property

Under A.R.S. § 13-1703, a person commits arson of a structure or property by knowingly and unlawfully damaging a structure or property by knowingly causing a fire or explosion. The key element distinguishing arson from reckless burning is intent — arson requires that the defendant knowingly caused the fire.

Penalties

Arson of a structure is a Class 4 felony. Arson of property is a Class 4 felony if the property has a value of $1,000 or more, and a Class 5 felony if the value is less than $1,000.

Defenses

Defenses include challenging the evidence that the fire was intentionally set, disputing the defendant’s connection to the fire through forensic analysis, or establishing that the defendant had a lawful reason for the conduct.