Indiana criminal charge
Arson in Indiana
Arson is a criminal offense under Indiana law, defined by Ind. Code § 35-43-1-1. Its classification is not fixed: Indiana 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 Ind. Code § 35-43-1-1.
What is the penalty for arson in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 12 years (Arson - basic damage (dwelling, endangering property, high-value property, or religious structure) — Knowingly or intentionally damaging by fire, explosive, or destructive device a dwelling without consent, property endangering human life, property with pecuniary loss of at least $5,000, or a structure used for religious worship without consent.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Arson - basic damage (dwelling, endangering property, high-value property, or religious structure) — Knowingly or intentionally damaging by fire, explosive, or destructive device a dwelling without consent, property endangering human life, property with pecuniary loss of at least $5,000, or a structure used for religious worship without consent.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 3 years to 16 years (Arson - basic damage resulting in bodily injury — The offense described in subsection (a) results in bodily injury to a person other than the defendant.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Arson - basic damage resulting in bodily injury — The offense described in subsection (a) results in bodily injury to a person other than the defendant.) | discretionary | Ind. Code § 35-50-2-5 |
| Jail / prison | 10 years to 30 years (Arson - basic damage resulting in serious bodily injury — The offense described in subsection (a) results in serious bodily injury to a person other than the defendant.; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Arson - basic damage resulting in serious bodily injury — The offense described in subsection (a) results in serious bodily injury to a person other than the defendant.) | discretionary | Ind. Code § 35-50-2-4.5 |
| Jail / prison | 2 years to 12 years (Arson for hire — A person commits arson for hire.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Arson for hire — A person commits arson for hire.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 3 years to 16 years (Arson for hire resulting in bodily injury — Arson for hire results in bodily injury to any other person.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Arson for hire resulting in bodily injury — Arson for hire results in bodily injury to any other person.) | discretionary | Ind. Code § 35-50-2-5 |
| Jail / prison | 10 years to 30 years (Arson for hire resulting in serious bodily injury — Arson for hire results in serious bodily injury to any other person.; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Arson for hire resulting in serious bodily injury — Arson for hire results in serious bodily injury to any other person.) | discretionary | Ind. Code § 35-50-2-4.5 |
| Jail / prison | 6 months to 30 months (Arson with intent to defraud — Knowingly or intentionally damaging property of any person by fire, explosive, or destructive device with intent to defraud.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Arson with intent to defraud — Knowingly or intentionally damaging property of any person by fire, explosive, or destructive device with intent to defraud.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Arson - property damage $250 to $5,000 — Knowingly or intentionally damaging another person's property without consent causing pecuniary loss of at least $250 but less than $5,000.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Arson - property damage $250 to $5,000 — Knowingly or intentionally damaging another person's property without consent causing pecuniary loss of at least $250 but less than $5,000.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is arson classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Arson - basic damage (dwelling, endangering property, high-value property, or religious structure) | Level 4 Felony | Knowingly or intentionally damaging by fire, explosive, or destructive device a dwelling without consent, property endangering human life, property with pecuniary loss of at least $5,000, or a structure used for religious worship without consent. | Ind. Code § 35-43-1-1(a) |
| Arson - basic damage resulting in bodily injury | Level 3 Felony | The offense described in subsection (a) results in bodily injury to a person other than the defendant. | Ind. Code § 35-43-1-1(a) |
| Arson - basic damage resulting in serious bodily injury | Level 2 Felony | The offense described in subsection (a) results in serious bodily injury to a person other than the defendant. | Ind. Code § 35-43-1-1(a) |
| Arson for hire | Level 4 Felony | A person commits arson for hire. | Ind. Code § 35-43-1-1(b) |
| Arson for hire resulting in bodily injury | Level 3 Felony | Arson for hire results in bodily injury to any other person. | Ind. Code § 35-43-1-1(b) |
| Arson for hire resulting in serious bodily injury | Level 2 Felony | Arson for hire results in serious bodily injury to any other person. | Ind. Code § 35-43-1-1(b) |
| Arson with intent to defraud | Level 6 Felony | Knowingly or intentionally damaging property of any person by fire, explosive, or destructive device with intent to defraud. | Ind. Code § 35-43-1-1(c) |
| Arson - property damage $250 to $5,000 | Level 6 Felony | Knowingly or intentionally damaging another person's property without consent causing pecuniary loss of at least $250 but less than $5,000. | Ind. Code § 35-43-1-1(d) |
Common questions about arson in Indiana
Is arson a felony or a misdemeanor in Indiana?
It depends on the circumstances: arson ranges from a Level 6 Felony to a Level 2 Felony in Indiana under Ind. Code § 35-43-1-1.
Arson - basic damage (dwelling, endangering property, high-value property, or religious structure): Level 4 Felony (Ind. Code § 35-43-1-1(a)) · Arson - basic damage resulting in bodily injury: Level 3 Felony (Ind. Code § 35-43-1-1(a)) · Arson - basic damage resulting in serious bodily injury: Level 2 Felony (Ind. Code § 35-43-1-1(a)) · Arson for hire: Level 4 Felony (Ind. Code § 35-43-1-1(b)) · Arson for hire resulting in bodily injury: Level 3 Felony (Ind. Code § 35-43-1-1(b)) · Arson for hire resulting in serious bodily injury: Level 2 Felony (Ind. Code § 35-43-1-1(b)) · Arson with intent to defraud: Level 6 Felony (Ind. Code § 35-43-1-1(c)) · Arson - property damage $250 to $5,000: Level 6 Felony (Ind. Code § 35-43-1-1(d))
What are the penalties for arson in Indiana?
Penalties for arson in Indiana depend on how it is classified — from a Level 6 Felony up to a Level 2 Felony — with the ranges set by Ind. Code § 35-50-2-5.5, Ind. Code § 35-50-2-5, Ind. Code § 35-50-2-4.5 and Ind. Code § 35-50-2-7; the full table of ranges by variant is published on this page.
Which Indiana statute covers arson?
Arson is governed by Ind. Code § 35-43-1-1 (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.