Types of arson in Rhode Island
- Burning of a Dwelling
- Burning of a Building
- Burning of Personal Property or Personality
- Malicious Destruction by Fire or Burning
In Rhode Island, First Degree Arson is when the building or property has been occupied for any use within the six (6) months prior to the crime.
Rhode Island General Laws § 11-2-2 Arson- First Degree Degree- Any person who knowingly causes, procures, aids, counsels or creates by means of fire or explosion a substantial risk of serious physical harm to any person or damage to any building the property of that person or another, whether or not used for residential purposes, which is occupied or in use for any purpose or which has been occupied or in use for any purpose during the six (6) months preceding the offense or to any other residential structure.
In Rhode Island, Second Degree Arson unlike First Degree is when the building, structure or facility is unoccupied.
Rhode Island General Laws § 11-2-3 Arson- Second Degree- Any person who knowingly causes, aids, procures or counsels by means of fire or explosion the damage or destruction of any unoccupied building, structure or facility the property of that person or another shall, upon conviction, be sentenced to imprisonment for not less than two (2) years nor more than twenty (20) years, or shall be fined not more than two thousand five hundred dollars ($2,500), or both; provided, that if death occurs to a person as a direct result of the fire or explosion or to a person who is directly involved in fighting the fire or explosion, imprisonment shall be for not less than twenty (20) years.
For more information or to discuss possible defenses for you Arson charges contact Rhode Island Arson Defense Attorney John L. Calcagni, III.
