Texas Penal Code - Section 28.02. Arson
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Texas Laws > Penal Code > Texas Penal Code - Section 28.02. Arson
Section: 25.06 25.07 25.071 25.08 25.09 25.10 28.01 28.02 28.03 28.04 28.05 28.06 28.07 28.08 29.01
§ 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
(1) any vegetation, fence, or structure on open-space
(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
(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.
(a-1) A person commits an offense if the person recklessly
starts a fire or causes an explosion while manufacturing or
attempting to manufacture a controlled substance and the fire or
explosion damages any building, habitation, or vehicle.
(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
(d) An offense under Subsection (a) 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.
(e) An offense under Subsection (a-1) is a state jail
felony, except that the offense is a felony of the third degree if
it is shown on the trial of the offense that bodily injury or death
was suffered by any person by reason of the commission of the
(f) It is a felony of the third degree if a person commits an
offense under Subsection (a)(2) of this section and the person
intentionally starts a fire in or on a building, habitation, or
vehicle, with intent to damage or destroy property belonging to
another, or with intent to injure any person, and in so doing,
recklessly causes damage to the building, habitation, or vehicle.
(g) If conduct that constitutes an offense under Subsection
(a-1) or that constitutes an offense under Subsection (f) also
constitutes an offense under another subsection of this section or
another section of this code, the actor may be prosecuted under
Subsection (a-1) or Subsection (f), under the other subsection of
this section, or under the other section of this code.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1979, 66th Leg., p. 1216, ch. 588, § 2, eff.
Sept. 1, 1979; Acts 1981, 67th Leg., p. 1837, ch. 425, § 1, eff.
Sept. 1, 1981; Acts 1989, 71st Leg., ch. 31, § 2, eff. Sept. 1,
1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
Acts 1997, 75th Leg., ch. 1006, § 1, eff. Sept. 1, 1997; Acts
2001, 77th Leg., ch. 976, § 1, eff. Sept. 1, 2001; Acts 2005,
79th Leg., ch. 960, § 1, eff. Sept. 1, 2005.
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Last modified: August 11, 2007