2006 Ohio Revised Code - 2909.03. Arson.

§ 2909.03. Arson.
 

(A)  No person, by means of fire or explosion, shall knowingly do any of the following: 

(1) Cause, or create a substantial risk of, physical harm to any property of another without the other person's consent; 

(2) Cause, or create a substantial risk of, physical harm to any property of the offender or another, with purpose to defraud; 

(3) Cause, or create a substantial risk of, physical harm to the statehouse or a courthouse, school building, or other building or structure that is owned or controlled by the state, any political subdivision, or any department, agency, or instrumentality of the state or a political subdivision, and that is used for public purposes; 

(4) Cause, or create a substantial risk of, physical harm, through the offer or the acceptance of an agreement for hire or other consideration, to any property of another without the other person's consent or to any property of the offender or another with purpose to defraud; 

(5) Cause, or create a substantial risk of, physical harm to any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by another person, the state, or a political subdivision without the consent of the other person, the state, or the political subdivision; 

(6) With purpose to defraud, cause, or create a substantial risk of, physical harm to any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by the offender, another person, the state, or a political subdivision. 

(B) (1)  Whoever violates this section is guilty of arson. 

(2) A violation of division (A)(1) of this section is one of the following: 

(a) Except as otherwise provided in division (B)(2)(b) of this section, a misdemeanor of the first degree; 

(b) If the value of the property or the amount of the physical harm involved is five hundred dollars or more, a felony of the fourth degree. 

(3) A violation of division (A)(2), (3), (5), or (6) of this section is a felony of the fourth degree. 

(4) A violation of division (A)(4) of this section is a felony of the third degree. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 136 v S 282 (Eff 5-21-76); 139 v S 199 (Eff 1-1-83); 144 v H 675 (Eff 3-19-93); 146 v S 2. Eff 7-1-96.
 

Not analogous to former RC § 2909.03 (GC § 12478-1; 106 v 104; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

The effective date is set by section 6 of SB 2. 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section consolidates and expands the coverage of a number of former sections prohibiting burning property for fraudulent purposes or damaging property of another without his consent. The use of fire or explosion is included in the activities covered by this section, and all kinds of property are covered, real or personal, public or private. 

Arson overlaps the offense of aggravated arson, but does not include the element of potential harm to persons or of an occupied structure being involved, which distinguishes the more serious offense. Arson is thus a lesser included offense to aggravated arson. 

Arson is a misdemeanor of the first degree when the value of the property involved or the amount of damage done is less than $150, the property involved is not a public building, and there is no fraudulent intent. Otherwise, arson not involving public buildings is a felony of the fourth degree, and arson involving public buildings is a felony of the third degree.