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CHAPTER 28. ARSON, CRIMINAL MISCHIEF, AND OTHER PROPERTY DAMAGE OR
DESTRUCTION
§ 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.
(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 this section 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. |
