Arson is a serious crime and depending on the severity of the action it may be a class A misdemeanor, the least severe, or a class A-I felony. Arson in the fifth degree (S 150.01), which is a class A misdemeanor, involves intentionally damaging the property of another causing an explosion or setting a fire. The damage is without the consent of the owner.
The four other types of arson are all felonies. Arson in the fourth degree occurs when someone recklessly damages a building or a motor vehicle that is not theirs utilizing an explosive device setting fire to it. Under Article 150.10 and it is a class E felony.
Arson in the third degree, under Article 150.15, is a class C felony. Overall, the actions are the same as those describe in Article 150.10, however the act is described as being “intentional” and not “reckless” as it is described in the fourth degree. In addition, there are numerous affirmative defenses concerning it. For Arson in the third degree, the section of the article notes:
“In any prosecution under this section, it is an affirmative 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 defendant`s conduct, and (b) the defendant`s sole intent was to destroy or damage the building or motor vehicle for a lawful and proper purpose, and (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.”