46.4011 Arson in the second degree.

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(a) A person commits the crime of arson in the second degree when he knowingly damages a building or inhabitable structure by starting a fire or causing an explosion.

(b) A person does not commit a crime under this section if:

(1) no person other than himself has a possessory, proprietary, or security interest in the damaged building, or if other persons have those interests, all of them consented to his conduct; and

(2) his sole purpose was to destroy or damage the building for a lawful and proper purpose.

(c) The defendant has the burden of injecting the issue under subsection (b).

(d) Arson in the second degree is a class C felony.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 569.050, 15 ASC 181, 15 ASC 182.