Florida Arson Statute §806.01
Florida’s arson statute is detailed in Chapter 806 of the Florida Statutes, Arson and Criminal Mischief.
Florida Statute §806.01, Arson:
(1) Any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged:
(a) Any dwelling, whether occupied or not, or its contents;
(b) Any structure, or contents thereof, where persons are normally present, such as: jails, prisons, or detention centers; hospitals, nursing homes, or other health care facilities; department stores, office buildings, business establishments, churches, or educational institutions during normal hours of occupancy; or other similar structures; or
(c) Any other structure that he or she knew or had reasonable grounds to believe was occupied by a human being,
is guilty of arson in the first degree, which constitutes a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) Any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged any structure, whether the property of himself or herself or another, under any circumstances not referred to in subsection (1), is guilty of arson in the second degree, which constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) As used in this chapter, “structure” means any building of any kind, any enclosed area with a roof over it, any real property and appurtenances thereto, any tent or other portable building, and any vehicle, vessel, watercraft, or aircraft.
First Degree Arson – Arson Statute §806.01 Explained
For the state to meet its burden it must prove beyond a reasonable doubt that the defendant:
- Willfully and unlawfully caused a fire or explosion, or,
- Caused a fire or explosion during the commission of a felony;
- Damaged an occupied or unoccupied dwelling or its contents; or,
- The defendant caused a fire or explosion to a structure such as a hospital, store or church during normal hours of occupancy when people are normally present; or,
- The defendant caused a fire or explosion to any structure that s/he had reasonable grounds to believe was occupied by a person.
If the act of arson results in the death of another, additional serious charges such as murder may be added. A conviction for first degree arson can potentially result in a 30 year prison sentence and a $10,000 fine.
Second Degree Arson
A second degree arson charge must prove that the defendant:
- Willfully and unlawfully caused a fire or explosion, or,
- While committing a felony,
- Damaged a structure belonging to himself or herself or another,
- Under circumstances not referred to in first degree arson.
A conviction for second degree arson can potentially result in a prison sentence of 15 years and a fine up to $10,000.
Defining Structure
The term structure is defined by statute and includes:
- Any building of any kind
- Any enclosed area with a roof over it
- Any real property and appurtenances thereto (e.g., shed, hot tub, pool)
- Portable buildings, tents
- Vehicles, vessels, watercraft or aircraft
Defending Against Arson Charges
After a fire, law enforcement and fire officials often work together in a shared investigation. Unless a witness was present or evidence or specific information emerges, the prosecution may only be able to prosecute the case with limited circumstantial evidence.
An experienced criminal defense attorney will challenge the evidence and pursue reasonable doubt. As well, there are various procedural challenges that may result in the suppression and exclusion of evidence. Discuss your case with Attorney Olson for specific information.
Other Arson-Related Offenses
The Florida Statutes proscribe several other arson-related crimes, including:
- §806.031 – Arson resulting in injury to another
- §806.10 – Preventing or obstructing extinguishment of fire
- §806.101 – False alarms of fires
- §806.111 – Fire bombs
