21-3718.   Arson. (a) Arson is: (1) Knowingly, by means of fire or explosive:

      (A)   Damaging any building or property which is a dwelling in which another person has any interest without the consent of such other person;

      (B)   damaging any building or property which is a dwelling with intent to injure or defraud an insurer or lienholder;

      (C)   damaging any building or property which is not a dwelling in which another person has any interest without the consent of such other person; or

      (D)   damaging any building or property which is not a dwelling with intent to injure or defraud an insurer or lienholder;

      (2)   accidentally, by means of fire or explosive as a result of manufacturing or attempting to manufacture any controlled substance or controlled substance analog in violation of K.S.A. 2009 Supp. 21-36a03, and amendments thereto, damaging any building or property which is a dwelling; or

      (3)   accidentally, by means of fire or explosive as a result of manufacturing or attempting to manufacture any controlled substance or controlled substance analog in violation of K.S.A. 2009 Supp. 21-36a03, and amendments thereto, damaging any building or property which is not a dwelling.

      (b) (1)   Arson, as described in subsection (a)(1)(A) or (a)(1)(B), is a severity level 6, person felony.

      (2)   Arson, as described in subsection (a)(1)(C), (a)(1)(D) or (a)(3), is a severity level 7, nonperson felony.

      (3)   Arson, as described in subsection (a)(2), is a severity level 7, person felony.

      History:   L. 1969, ch. 180, § 21-3718; L. 1992, ch. 239, § 117; L. 1993, ch. 291, § 76; L. 1994, ch. 291, § 29; L. 2000, ch. 181, § 6; L. 2002, ch. 155, § 1; L. 2009, ch. 32, § 26; July 1.