Current through the 2023 Legislative Session.
Section 451.5 - [Effective until 1/1/2029] Aggravated arson(a) A person who willfully, maliciously, deliberately, with premeditation, and with intent to cause injury to one or more persons, or to cause damage to property under circumstances likely to produce injury to one or more persons, or to cause damage to one or more structures or inhabited dwellings, sets fire to, burns, or causes to be burned, or aids, counsels, or procures the burning of any residence, structure, forest land, or property, is guilty of aggravated arson if one or more of the following aggravating factors exists: (1) The defendant has been previously convicted of arson on one or more occasions within the past 10 years.(2)(A) The fire caused property damage and other losses in excess of ten million one hundred thousand dollars ($10,100,000), exclusive of damage to, or destruction of, inhabited dwellings.(B) In calculating the total amount of property damage and other losses under subparagraph (A), the court shall consider the cost of fire suppression. It is the intent of the Legislature that this paragraph be reviewed within five years to consider the effects of inflation on the dollar amount stated herein.(3) The fire caused damage to, or the destruction of, five or more inhabited dwellings.(b) A person who is convicted under subdivision (a) shall be punished by imprisonment in the state prison for 10 years to life.(c) A person who is sentenced under subdivision (b) shall not be eligible for release on parole until 10 calendar years have elapsed.(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.Amended by Stats 2023 ch 706 (SB 281),s 1, eff. 1/1/2024.Amended by Stats 2018 ch 619 (SB 896),s 1, eff. 1/1/2019.Amended by Stats 2014 ch 481 (SB 930),s 1, eff. 9/19/2014.Amended by Stats 2009 ch 71 (AB 27),s 1, eff. 1/1/2010.Amended by Stats 2004 ch 135 (AB 1907), s 1, eff. 1/1/2005.EFFECTIVE 1/1/2000. Amended September 27, 1999 (Bill Number: SB 555) (Chapter 518).This section is set out more than once due to postponed, multiple, or conflicting amendments.