Reckless Burning

Under A.R.S. § 13-1702, a person commits reckless burning by recklessly causing a fire or explosion that results in damage to an occupied structure, a structure, or wildland. Reckless burning is distinguished from arson by the absence of intent — the fire is set or caused through recklessness rather than intentional conduct.

Penalties

Reckless burning of an occupied structure is a Class 4 felony. Reckless burning of a structure or property is a Class 5 felony. Reckless burning of wildland is a Class 6 felony.

Defenses

The central defense is typically challenging whether the defendant acted recklessly. If the fire was truly accidental — with no conscious disregard of risk — the conduct does not meet the statutory standard.