3.302 — ARSON OF A STRUCTURE OR PROPERTY

Violations of "Statute 3.302" results in a Class A Misdemeanor


(a) Definitions

Arson of a structure or property is defined as the intentional act of setting fire to any building, structure, or property.

(b) Elements

To prove arson of a structure or property, the prosecution must establish the following elements beyond a reasonable doubt:

  1. The defendant intentionally set fire to a building, structure, or property.

  2. The defendant's actions were the direct cause of the fire.

  3. The property damaged or destroyed by the fire belonged to another person or entity.

(c) Defenses

Defenses to a charge of arson of a structure or property may include, but are not limited to:

  • Lack of intent: The defendant did not intend to set fire to the building, structure, or property.

  • Accident: The fire was the result of an unintentional or accidental act.

  • Alibi: The defendant can provide evidence showing they were not present at the scene of the fire when it occurred.

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