Ohio Code 2909.03 – Arson
(A) No person, by means of fire or explosion, shall knowingly do any of the following:
Attorney's Note
Under the Ohio Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the third degree | 9 months to 5 years | up to $10,000 |
| Felony of the fourth degree | 6 to 18 months | up to $5,000 |
| Misdemeanor of the first degree | up to 180 days | up to $1,000 |
Terms Used In Ohio Code 2909.03
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Property: means real and personal property. See Ohio Code 1.59
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: means the state of Ohio. See Ohio Code 1.59
- Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02
(1) Cause, or create a substantial risk of, physical harm to any property of another without the other person’s consent;
(2) Cause, or create a substantial risk of, physical harm to any property of the offender or another, with purpose to defraud;
(3) Cause, or create a substantial risk of, physical harm to the statehouse or a courthouse, school building, or other building or structure that is owned or controlled by the state, any political subdivision, or any department, agency, or instrumentality of the state or a political subdivision, and that is used for public purposes;
(4) Cause, or create a substantial risk of, physical harm, through the offer or the acceptance of an agreement for hire or other consideration, to any property of another without the other person’s consent or to any property of the offender or another with purpose to defraud;
(5) Cause, or create a substantial risk of, physical harm to any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by another person, the state, or a political subdivision without the consent of the other person, the state, or the political subdivision;
(6) With purpose to defraud, cause, or create a substantial risk of, physical harm to any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by the offender, another person, the state, or a political subdivision.
(B) No person, by means of fire or explosion, shall knowingly do any of the following:
(1) Cause, or create a substantial risk of, physical harm to any structure of another that is not an occupied structure ;
(2) Cause, or create a substantial risk of, physical harm, through the offer or the acceptance of an agreement for hire or other consideration, to any structure of another that is not an occupied structure ;
(3) Cause, or create a substantial risk of, physical harm to any structure that is not an occupied structure and that is in or on any park, preserve, wildlands, brush-covered land, cut- over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by another person, the state, or a political subdivision.
(C) (1) It is an affirmative defense to a charge under division (B) (1) or (2) of this section that the defendant acted with the consent of the other person.
(2) It is an affirmative defense to a charge under division (B)(3) of this section that the defendant acted with the consent of the other person, the state, or the political subdivision.
(D)(1) Whoever violates this section is guilty of arson.
(2) A violation of division (A)(1) or (B) (1) of this section is one of the following:
(a) Except as otherwise provided in division (D)(2)(b) of this section, a misdemeanor of the first degree;
(b) If the value of the property or the amount of the physical harm involved is one thousand dollars or more, a felony of the fourth degree.
(3) A violation of division (A)(2), (3), (5), or (6) or (B) (3) of this section is a felony of the fourth degree.
(4) A violation of division (A)(4) or (B) (2) of this section is a felony of the third degree.