Arson is split into five degrees.  Felony first degree arson can be charged in three situations.  First, if you intentionally destroy or damage a dwelling or building appurtenant to a dwelling using fire or explosives, you could be sentenced to up to 20 years in prison and/or up to a $20,000 fine. Second, if you intentionally destroy or damage any other building using fire or explosives when you know a person is inside or it is reasonably possible that a person is inside, you could be sentenced to up to 20 years in prison and/or up to a $35,000 fine.  Third, if you intentionally destroy or damage any building (not a dwelling or building appurtenant to a dwelling) using a flammable material, you could be sentenced up to 20 years and/or up to a $20,000 fine.  This statute can be found at https://www.revisor.leg.state.mn.us/statutes/?id=609.561.

Felony second degree arson can occur in two situations.

First, it means intentionally destroying or damaging any building not included in first degree arson using fire or explosives.  Second, it means intentionally destroying or damaging property valuing more than $1000 using fire or explosives.  This offense carries a penalty of up to 10 years and/or up to a $20,000 fine.  This statute can be found at https://www.revisor.leg.state.mn.us/statutes/?id=609.562.

Felony arson in the third degree can be charged in three situations.

First, it means intentionally destroying or damaging property that values more than $300 and less than $1,000 using fire or explosives.  Second, it means intentionally destroying or damaging property using fire or explosives and other property valuing more than $300 was unintentionally damaged but such damage could have been reasonably foreseen.  Third, if the combination of the value of property in the first and second situations values more than $300.  This offense can be punished by up to 5 years in prison and/or up to a $10,000 fine.  This statute can be found at https://www.revisor.leg.state.mn.us/statutes/?id=609.563.

Charged with gross misdemeanor fourth degree arson

You can be chaged with fourth degree arson if you, without also committing first or second or third degree arson, intentionally use fire or explosives to set fire to or burn or cause to burn personal property in a multi-unit dwelling or public building.  You can be punished by up to 1 year in jail and/or up to a $3,000 fine.  This statute can be found at https://www.revisor.leg.state.mn.us/statutes/?id=609.5631.

Misdemeanor fifth degree arson

Means using fire or explosives to set fire to or burn or cause to be burned any property of any value.  The penalty is up to 90 days in jail and/or up to a $1,000 fine.  This statute can be found at https://www.revisor.leg.state.mn.us/statutes/?id=609.5632.

Federal Felony Arson

Means “willfully and maliciously” setting fire to or burning any building, structure, or other certain items.  The federal statute also makes attempting or conspiring to commit arson illegal.  This crime is punishable by up to 25 years in prison and/or a fine.  If the same occurs but a person’s life is threatened or the building is a dwelling, the penalty can be up to life in prison.  This statute can be found at https://www.law.cornell.edu/uscode/text/18/81.

The preceding was a summary of the law. It does not describe all of the elements of the crimes. Laws are also constantly changing. You need to contact a skilled arson attorney in Minneapolis to discuss the offenses in detail and with respect to your own particular case. Nothing in this description or anywhere on this site is legal advice.

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