Statute text
(1) A person who, by means of fire or explosives, intentionally damages any property with intent to defraud commits third degree arson.
(2) Third degree arson is a class 5 felony.
History
Source: L. 71: R&RE, p. 426, 1. C.R.S. 1963: 40-4-104. L. 2023: (2) amended, (HB 23-1293), ch. 298, p. 1784, 8, effective October 1.
Annotations
Editor's note: Section 77 of chapter 298 (HB 23-1293), Session Laws of Colorado 2023, provides that the act changing subsection (2) applies to offenses committed on or after October 1, 2023.
Annotations
ANNOTATION
Annotations
Distinguished from first degree arson. The more serious first degree arson statute, 18-4-102, contains an element not contained in this section: The requirement that the property damaged or destroyed be a "building or occupied structure of another". People v. Calvaresi, 198 Colo. 321, 600 P.2d 57 (1979).
Distinction not unreasonable. The general assembly's decision to provide a more serious penalty for intentionally burning a "building or occupied structure" than for intentionally burning "any property" is not arbitrary or unreasonable. People v. Calvaresi, 198 Colo. 321, 600 P.2d 57 (1979).
Construed in accordance with 18-1-502, this section would be inapplicable to those situations in which there was no voluntary act or omission to perform an act within the physical capabilities of the person. Thus, the statute would not apply to a fire started by events beyond the actor's control. People v. Garcia, 189 Colo. 347, 541 P.2d 687 (1975).
Applied in People v. Elkhatib, 632 P.2d 275 (Colo. 1981).