18-802 — ARSON IN FIRST DEGREE -- BURNING OF DWELLING OR OTHER STRUCTURES WHERE PERSONS ARE NORMALLY PRESENT -- PENALTIES


                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 8
                                    ARSON
    18-802.  ARSON IN FIRST DEGREE -- BURNING OF DWELLING OR OTHER STRUCTURES
WHERE PERSONS ARE NORMALLY PRESENT -- PENALTIES. Any person who willfully and
unlawfully, by fire or explosion, damages:
    (1)  Any dwelling, whether occupied or not; or
    (2)  Any structure, whether occupied or not, in which persons are normally
present, including without limitation: jails, prisons or detention centers;
hospitals, nursing homes or other health care facilities; department stores,
office buildings, business establishments, churches or educational
institutions, or other similar structures; or
    (3)  Any other structure which the actor has reasonable grounds to believe
is occupied by a human being; or
    (4)  Any real or personal property, whether the property of the actor or
another, with the intent to deceive or harm any insurer or any person with a
legal or financial interest in the property, or obtain any financial gain for
the actor or another;
is guilty of arson in the first degree, and upon conviction thereof shall be
sentenced to the custody of the department of correction for not more than
twenty-five (25) years or fined not more than one hundred thousand dollars
($100,000) or both.