2006 Ohio Revised Code - 2909.02. Aggravated arson.
(A) No person, by means of fire or explosion, shall knowingly do any of the following:
(1) Create a substantial risk of serious physical harm to any person other than the offender;
(2) Cause physical harm to any occupied structure;
(3) Create, through the offer or acceptance of an agreement for hire or other consideration, a substantial risk of physical harm to any occupied structure.
(B) (1) Whoever violates this section is guilty of aggravated arson.
(2) A violation of division (A)(1) or (3) of this section is a felony of the first degree.
(3) A violation of division (A)(2) of this section is a felony of the second degree.
HISTORY: 134 v H 511 (Eff 1-1-74); 136 v S 282 (Eff 5-21-76); 139 v S 199 (Eff 1-5-83); 146 v S 2 (Eff 7-1-96); 146 v S 269. Eff 7-1-96.
Not analogous to former RC § 2909.02 (RS § 6864; S&C 433, 437, 438, 1612; S&S 282 - 284; 29 v 470; 29 v 144; 59 v 27; 59 v 79; 62 v 139; 69 v 67; GC § 12478; 124 v 466; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.
The effective date is set by section 5 of SB 269.
19xx Committee Report or Comment.
1974 Committee Comment to H 511
This section substantially broadens former law by defining the offense not only in terms of burning an occupied structure, but also in terms of endangering any person or damaging any occupied structure by means of fire or explosion. In addition, the section represents a significant shift in emphasis from the way in which the relative severity of arson offenses was formerly determined, by using the degree of danger to persons as the key factor and placing only secondary reliance on the kind of property involved in the offense.
In addition to classic cases of arson, examples of violations include: knowingly setting a forest fire which endangers persons; throwing a molotov cocktail or explosive device in the open but in a way in which people are likely to be harmed; setting a nuisance fire in a classroom wastebasket, even though school may be out for the day and only minor damage results (except when it is closed for the night, people are likely to be present in a school and it is thus an occupied structure).
Aggravated arson is a felony of the first degree.
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