Indiana statute

Ind. Code § 35-43-1-1 — Arson

Current through 2026 Regular Session

Part of Chapter 1: Arson, Mischief, and Tampering, Indiana Code.

Criminal charges under this statute

Arson

Full text of Ind. Code § 35-43-1-1

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-43-1-1Primary source, current through the 2026 Regular Session

Sec. 1. (a) A person who, by means of fire, explosive, or destructive device, knowingly or intentionally damages: (1) a dwelling of another person without the other person's consent; (2) property of any person under circumstances that endanger human life; (3) property of another person without the other person's consent if the pecuniary loss is at least five thousand dollars ($5,000); or (4) a structure used for religious worship without the consent of the owner of the structure; commits arson, a Level 4 felony. However, the offense is a Level 3 felony if it results in bodily injury to any person other than a defendant and a Level 2 felony if it results in serious bodily injury to any person other than a defendant. (b) A person who commits arson for hire commits a Level 4 felony. However, the offense is: (1) a Level 3 felony if it results in bodily injury to any other person; and (2) a Level 2 felony if it results in serious bodily injury to any other person. (c) A person who, by means of fire, explosive, or destructive device, knowingly or intentionally damages property of any person with intent to defraud commits arson, a Level 6 felony. (d) A person who, by means of fire, explosive, or destructive device, knowingly or intentionally damages property of another person without the other person's consent so that the resulting pecuniary loss is at least two hundred fifty dollars ($250) but less than five thousand dollars ($5,000) commits arson, a Level 6 felony. (e) A person who commits an offense under subsection (a), (b), (c), or (d) commits a separate offense for each person who suffers a bodily injury or serious bodily injury that is caused by the violation of subsection (a), (b), (c), or (d).

Official sources

Legal terms used in this section

Questions this section answers

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))

Which Indiana statute covers arson?

Arson is governed by Ind. Code § 35-43-1-1 (Arson).

This reference is informational and is not legal advice.