Sergeants Exam 2021- Arson Flashcards

1
Q

Arson in the Fifth Degree

A

150.00
A person is guilty of arson in the Fifth degree when he/she intentionally damages property of another without consents of the owner by internationally starting a fire or causing an explosion

Arson in the Fifth Degree is a class A misdemeanor

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2
Q

Arson in the Fourth Degree

A
  1. 05
  2. A person intentionally recklessly damages a building or motor vehicle by internationally starting a fire or causing an explosion
  3. In any prosecution under this section, it is an affirmation defense that no person other than the defendant had a possessory or proprietary interest in the building or vehicle

Arson in the Fourth Degree is a class E felony

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3
Q

Arson in the Third Degree

A

150.10
1. A person intentionally recklessly damages a building or motor vehicle by internationally starting a fire or causing an explosion.
2. In any prosecution under this section, it is an affirmation defense that
(a) No person other than the defendant had a
possessory or proprietary interest in the building or
motor vehicle, or if other persons had such
interests, all of them consented to the defendants
conducts
(b) The defendant’s sole intent was to destroy or
damage the building or motor vehicle for the lawful
and proper purpose
(c) The defendant had no reasonable ground to
believe that his conduct might endanger the life or
safety of another person or damage another
building or motor vehicle
Arson in the Third Degree is a Class C Felony

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4
Q

Arson in the Second Degree

A

150.15
A person is guilty of arson in the second degree when he intentionally damages a building or motor vehicle when
(a) another person who is not a participant is present
in such building or motor vehicle at the time
(b) the defendant knows that fact or circumstances are
such as to render the presence of such a person
therein a reasonable possibility
Arson in the Second Degree is a Class B felony

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5
Q

Arson in the First Degree

A

150.20
1. A person intentionally recklessly damages a building or motor vehicle by causing and explosion or fire and when:
(a)such explosion or fire is cause by an incendiary
device( see #2) propelled, thrown or placed inside
or near
such building or motor vehicle and the
fire/explosion cause
(i)serious physical injury to another person other than
the participant
(ii) the explosion/fire was caused with the expectation
or receipt of financial advantage or pecuniary profit
in the crime is present in such building or vehicle
(b) another person who is not the participant in the
crime is present in such building or vehicle
(c)the defendant knows that fact or the circumstances
are such as to render the presence of such person
therein a reasonable
2. An “incendiary device”- a breakable container designed to explode or produce uncontained combustion upon impact, containing flammable liquid and having a wick or similar device capable of being ignited.

Arson in the First Degree is a Class A-I felony

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