21-5812. Arson; aggravated arson. (a) Arson is:
(1) Knowingly, by means of fire or explosive damaging any building or property which:
(A) Is a dwelling in which another person has any interest without the consent of such other person;
(B) is a dwelling with intent to injure or defraud an insurer or lienholder;
(C) is not a dwelling in which another person has any interest without the consent of such other person; or
(D) is not a dwelling with intent to injure or defraud an insurer or lienholder;
(2) accidentally, by means of fire or explosive, as a result of manufacturing or attempting to manufacture a controlled substance or controlled substance analog in violation of K.S.A. 2021 Supp. 21-5703, and amendments thereto, damaging any building or property which is a dwelling; or
(3) accidentally, by means of fire or explosive as a result of manufacturing or attempting to manufacture a controlled substance or controlled substance analog in violation of K.S.A. 2021 Supp. 21-5703, and amendments thereto, damaging any building or property which is not a dwelling.
(b) Aggravated arson is arson, as defined in subsection (a):
(1) Committed upon a building or property in which there is a human being; or
(2) which results in great bodily harm or disfigurement to a firefighter or law enforcement officer in the course of fighting or investigating the fire.
(c) (1) Arson as defined in:
(A) Subsection (a)(1)(A) or (a)(1)(B) is a severity level 6, person felony;
(B) subsection (a)(1)(C), (a)(1)(D) or (a)(3) is a severity level 7, nonperson felony; and
(C) subsection (a)(2) is a severity level 7, person felony.
(2) Aggravated arson as defined in:
(A) Subsection (b)(1) is a:
(i) Severity level 3, person felony, if such crime results in a substantial risk of bodily harm; and
(ii) severity level 6, person felony, if such crime results in no substantial risk of bodily harm; and
(B) subsection (b)(2) is a severity level 3, person felony.
History: L. 2010, ch. 136, § 98; L. 2011, ch. 30, § 37; July 1.
Structure Kansas Statutes
Chapter 21 - Crimes And Punishments
Article 58 - Crimes Involving Property
21-5802 Theft of property lost, mislaid or delivered by mistake.
21-5803 Criminal deprivation of property.
21-5805 Unlawful acts involving theft detection shielding devices.
21-5806 Unlawful use of recordings.
21-5807 Burglary; aggravated burglary.
21-5809 Trespassing on railroad property.
21-5811 Commercial fossil hunting.
21-5812 Arson; aggravated arson.
21-5813 Criminal damage to property; aggravated criminal damage to property.
21-5814 Criminal use of an explosive.
21-5816 Tampering with a landmark.
21-5817 Tampering with a traffic signal; aggravated tampering with a traffic signal.
21-5820 Unlawful posting of political pictures and political advertisements.
21-5821 Giving a worthless check.
21-5822 Causing an unlawful prosecution for giving a worthless check.
21-5824 Making false information.
21-5826 Destroying a written instrument.
21-5827 Altering a legislative document.
21-5828 Criminal use of a financial card.
21-5829 Unlawful manufacture or disposal of false tokens.
21-5830 Impairing a security interest.
21-5831 Warehouse receipt fraud.
21-5832 Unauthorized delivery of stored goods.
21-5833 Automobile master key violation.
21-5834 Sale of recut or regrooved tires.
21-5835 Unlawful acts concerning odometers.
21-5836 Unlawful acts concerning certificates of title.
21-5837 Adding dockage or foreign material to grain.
21-5838 Conducting a pyramid promotional scheme.