New jersey criminal charge
Arson and related offenses in New jersey
Arson and related offenses is a criminal offense under New jersey law, defined by N.J.S.A. 2C:17-1. Its classification is not fixed: New jersey 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 N.J.S.A. 2C:17-1.
What is the penalty for arson and related offenses in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (Aggravated arson — Applies when a person starts a fire or causes an explosion under the specified aggravating circumstances (danger to persons, purpose to destroy property, insurance fraud, zoning evasion, or destroying a forest).; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Aggravated arson — Applies when a person starts a fire or causes an explosion under the specified aggravating circumstances (danger to persons, purpose to destroy property, insurance fraud, zoning evasion, or destroying a forest).; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Arson — Applies when a person purposely starts a fire or causes an explosion resulting in reckless endangerment of persons or property, insurance fraud purpose, zoning evasion purpose, or reckless endangerment of a forest.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Arson — Applies when a person purposely starts a fire or causes an explosion resulting in reckless endangerment of persons or property, insurance fraud purpose, zoning evasion purpose, or reckless endangerment of a forest.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Failure to control or report dangerous fire — Applies when a person who knows a fire is endangering life or substantial property fails to take reasonable measures or report it, and either has a legal duty to combat the fire or started/controls the property where it began.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Failure to control or report dangerous fire — Applies when a person who knows a fire is endangering life or substantial property fails to take reasonable measures or report it, and either has a legal duty to combat the fire or started/controls the property where it began.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 10 years to 20 years (Paying or accepting consideration to start a fire — Applies when a person pays, accepts, or offers to pay or accept consideration for the purpose of starting a fire or causing an explosion in violation of this section.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 200000 usd (no statutory minimum) (Paying or accepting consideration to start a fire — Applies when a person pays, accepts, or offers to pay or accept consideration for the purpose of starting a fire or causing an explosion in violation of this section.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 10 years to 20 years (Arson targeting a place of worship — Applies when a person is convicted under subsection a., b., or d. and the structure targeted was a church, synagogue, temple or other place of public worship, requiring a mandatory minimum 15-year parole ineligibility term.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 200000 usd (no statutory minimum) (Arson targeting a place of worship — Applies when a person is convicted under subsection a., b., or d. and the structure targeted was a church, synagogue, temple or other place of public worship, requiring a mandatory minimum 15-year parole ineligibility term.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is arson and related offenses classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Aggravated arson | crime of the second degree | Applies when a person starts a fire or causes an explosion under the specified aggravating circumstances (danger to persons, purpose to destroy property, insurance fraud, zoning evasion, or destroying a forest). | N.J.S.A. 2C:17-1undefined |
| Arson | crime of the third degree | Applies when a person purposely starts a fire or causes an explosion resulting in reckless endangerment of persons or property, insurance fraud purpose, zoning evasion purpose, or reckless endangerment of a forest. | N.J.S.A. 2C:17-1undefined |
| Failure to control or report dangerous fire | crime of the fourth degree | Applies when a person who knows a fire is endangering life or substantial property fails to take reasonable measures or report it, and either has a legal duty to combat the fire or started/controls the property where it began. | N.J.S.A. 2C:17-1undefined |
| Paying or accepting consideration to start a fire | crime of the first degree | Applies when a person pays, accepts, or offers to pay or accept consideration for the purpose of starting a fire or causing an explosion in violation of this section. | N.J.S.A. 2C:17-1undefined |
| Arson targeting a place of worship | crime of the first degree | Applies when a person is convicted under subsection a., b., or d. and the structure targeted was a church, synagogue, temple or other place of public worship, requiring a mandatory minimum 15-year parole ineligibility term. | N.J.S.A. 2C:17-1undefined |
Common questions about arson and related offenses in New jersey
What degree of offense is arson and related offenses in New Jersey?
It depends on the circumstances: arson and related offenses ranges from a crime of the fourth degree to a crime of the first degree in New Jersey under N.J.S.A. 2C:17-1.
Aggravated arson: crime of the second degree (N.J.S.A. 2C:17-1) · Arson: crime of the third degree (N.J.S.A. 2C:17-1) · Failure to control or report dangerous fire: crime of the fourth degree (N.J.S.A. 2C:17-1) · Paying or accepting consideration to start a fire: crime of the first degree (N.J.S.A. 2C:17-1) · Arson targeting a place of worship: crime of the first degree (N.J.S.A. 2C:17-1)
What are the penalties for arson and related offenses in New Jersey?
Penalties for arson and related offenses in New Jersey depend on how it is classified — from a crime of the fourth degree up to a crime of the first degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers arson and related offenses?
Arson and related offenses is governed by N.J.S.A. 2C:17-1 (Arson and related offenses).
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.