Colorado criminal charge
Second degree arson in Colorado
Second degree arson is a criminal offense under Colorado law, defined by C.R.S. § 18-4-103. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-4-103.
What is the penalty for second degree arson in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 10 days (no statutory minimum) (Second degree arson (value < $300) — Value of the property damaged or destroyed is less than three hundred dollars.) | discretionary | C.R.S. § 18-1.3-503 |
| Fine | up to 300 usd (no statutory minimum) (Second degree arson (value < $300) — Value of the property damaged or destroyed is less than three hundred dollars.) | discretionary | C.R.S. § 18-1.3-503 |
| Jail / prison | up to 120 days (no statutory minimum) (Second degree arson ($300–$1,000) — Value of the property is three hundred dollars or more but less than one thousand dollars.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Second degree arson ($300–$1,000) — Value of the property is three hundred dollars or more but less than one thousand dollars.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 364 days (no statutory minimum) (Second degree arson ($1,000–$2,000) — Value of the property is one thousand dollars or more but less than two thousand dollars.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 1000 usd (no statutory minimum) (Second degree arson ($1,000–$2,000) — Value of the property is one thousand dollars or more but less than two thousand dollars.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 12 months to 18 months (Second degree arson ($2,000–$5,000) — Value of the property is two thousand dollars or more but less than five thousand dollars.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Second degree arson ($2,000–$5,000) — Value of the property is two thousand dollars or more but less than five thousand dollars.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Second degree arson ($2,000–$5,000) — Value of the property is two thousand dollars or more but less than five thousand dollars.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 1 years to 3 years (Second degree arson ($5,000–$20,000) — Value of the property is five thousand dollars or more but less than twenty thousand dollars.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Second degree arson ($5,000–$20,000) — Value of the property is five thousand dollars or more but less than twenty thousand dollars.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Second degree arson ($5,000–$20,000) — Value of the property is five thousand dollars or more but less than twenty thousand dollars.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Second degree arson ($20,000–$100,000) — Value of the property is twenty thousand dollars or more but less than one hundred thousand dollars.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Second degree arson ($20,000–$100,000) — Value of the property is twenty thousand dollars or more but less than one hundred thousand dollars.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Second degree arson ($20,000–$100,000) — Value of the property is twenty thousand dollars or more but less than one hundred thousand dollars.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (Second degree arson ($100,000–$1,000,000) — Value of the property is one hundred thousand dollars or more but less than one million dollars.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 3000 usd to 750000 usd (Second degree arson ($100,000–$1,000,000) — Value of the property is one hundred thousand dollars or more but less than one million dollars.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Second degree arson ($100,000–$1,000,000) — Value of the property is one hundred thousand dollars or more but less than one million dollars.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 8 years to 24 years (Second degree arson ($1,000,000 or more) — Value of the property is one million dollars or more.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 5000 usd to 1000000 usd (Second degree arson ($1,000,000 or more) — Value of the property is one million dollars or more.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Second degree arson ($1,000,000 or more) — Value of the property is one million dollars or more.; mandatory parole (5 years if crime of violence)) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2022-03-01 (SB21-271).
How is second degree arson classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Second degree arson (value < $300) | petty offense | Value of the property damaged or destroyed is less than three hundred dollars. | 18-4-103(2)(a) |
| Second degree arson ($300–$1,000) | class 2 misdemeanor | Value of the property is three hundred dollars or more but less than one thousand dollars. | 18-4-103(2)(b) |
| Second degree arson ($1,000–$2,000) | class 1 misdemeanor | Value of the property is one thousand dollars or more but less than two thousand dollars. | 18-4-103(2)(c) |
| Second degree arson ($2,000–$5,000) | class 6 felony | Value of the property is two thousand dollars or more but less than five thousand dollars. | 18-4-103(2)(d) |
| Second degree arson ($5,000–$20,000) | class 5 felony | Value of the property is five thousand dollars or more but less than twenty thousand dollars. | 18-4-103(2)(e) |
| Second degree arson ($20,000–$100,000) | class 4 felony | Value of the property is twenty thousand dollars or more but less than one hundred thousand dollars. | 18-4-103(2)(f) |
| Second degree arson ($100,000–$1,000,000) | class 3 felony | Value of the property is one hundred thousand dollars or more but less than one million dollars. | 18-4-103(2)(g) |
| Second degree arson ($1,000,000 or more) | class 2 felony | Value of the property is one million dollars or more. | 18-4-103(2)(h) |
Common questions about second degree arson in Colorado
Is second degree arson a felony or a misdemeanor in Colorado?
It depends on the circumstances: second degree arson ranges from a petty offense to a class 2 felony in Colorado under C.R.S. § 18-4-103.
Second degree arson (value < $300): petty offense (C.R.S. § 18-4-103(2)(a)) · Second degree arson ($300–$1,000): class 2 misdemeanor (C.R.S. § 18-4-103(2)(b)) · Second degree arson ($1,000–$2,000): class 1 misdemeanor (C.R.S. § 18-4-103(2)(c)) · Second degree arson ($2,000–$5,000): class 6 felony (C.R.S. § 18-4-103(2)(d)) · Second degree arson ($5,000–$20,000): class 5 felony (C.R.S. § 18-4-103(2)(e)) · Second degree arson ($20,000–$100,000): class 4 felony (C.R.S. § 18-4-103(2)(f)) · Second degree arson ($100,000–$1,000,000): class 3 felony (C.R.S. § 18-4-103(2)(g)) · Second degree arson ($1,000,000 or more): class 2 felony (C.R.S. § 18-4-103(2)(h))
What are the penalties for second degree arson in Colorado?
Penalties for second degree arson in Colorado depend on how it is classified — from a petty offense up to a class 2 felony — with the ranges set by C.R.S. § 18-1.3-503, C.R.S. § 18-1.3-501 and C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers second degree arson?
Second degree arson is governed by C.R.S. § 18-4-103 (Second degree arson).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.