Colorado arson laws divide the offense into four degrees under Title 18, Article 4 of the Colorado Revised Statutes, and the penalties run from a petty offense for minor property damage up to life imprisonment when a death results. The exact charge depends on what burned, the value of the property destroyed, whether anyone was placed in danger, and whether the fire was set knowingly, intentionally, or recklessly. The starting charge often controls whether a case stays in misdemeanor court or carries a multi-year prison sentence, so the details of each degree matter.
First-Degree Arson
First-degree arson applies when someone knowingly sets fire to or uses explosives to damage a building or occupied structure belonging to another person without that person’s consent. The statute splits the offense in two: burning an occupied structure, meaning one where people live, work, or gather, is a class 3 felony, while burning an unoccupied building is a class 4 felony.1Justia Law. Colorado Code 18-4-102 – First Degree Arson
The property has to belong to someone else. Burning your own building is not first-degree arson, though the same act may be charged as third-degree arson if done to defraud, or fourth-degree if it endangered others.
Second-Degree Arson
Second-degree arson covers knowingly burning another person’s property, other than a building or occupied structure, without consent.2Justia Law. Colorado Code 18-4-103 – Second Degree Arson Vehicles, fences, stored equipment, and crops fall here. The classification depends entirely on the value of the property destroyed:
- Under $300: petty offense
- $300 to $999: class 2 misdemeanor
- $1,000 to $1,999: class 1 misdemeanor
- $2,000 to $4,999: class 6 felony
- $5,000 to $19,999: class 5 felony
- $20,000 to $99,999: class 4 felony
- $100,000 to $999,999: class 3 felony
- $1 million or more: class 2 felony
The jump from misdemeanor to felony hits at $2,000 in damage.2Justia Law. Colorado Code 18-4-103 – Second Degree Arson Fire damage climbs quickly, and a single burned vehicle can easily cross that line.
Third-Degree Arson
Third-degree arson is the fraud offense. It applies when someone intentionally damages any property by fire or explosion with intent to defraud, the classic scenario being a business owner setting fire to their own failing property to collect insurance. Property value is irrelevant here. Every third-degree arson case is a class 5 felony.3Justia Law. Colorado Code 18-4-104 – Third Degree Arson
Fourth-Degree Arson
Fourth-degree arson is the broadest offense. It reaches anyone who knowingly or recklessly starts or maintains a fire, on their own property or someone else’s, and by doing so places another person in danger of death or serious injury, or places someone else’s building or occupied structure in danger of damage.4Justia Law. Colorado Code 18-4-105 – Fourth Degree Arson Bonfires that get away, careless debris burns near a neighbor’s structure, and similar reckless conduct fall here.
When a person is endangered, it is a class 4 felony. When only property is at risk, the charge follows the same value-based tiers as second-degree arson, from petty offense up to class 2 felony at $1 million or more.4Justia Law. Colorado Code 18-4-105 – Fourth Degree Arson
Prison Ranges by Felony Class
Colorado’s felony sentencing statute sets presumptive ranges for each class, and judges have discretion within them. The ranges that matter most for arson are:
- Class 2 felony: 8 to 24 years in prison, fines of $5,000 to $1,000,000, plus 3 to 5 years of mandatory parole
- Class 3 felony: 4 to 12 years in prison, fines of $3,000 to $750,000, plus 3 years of mandatory parole
- Class 4 felony: 2 to 6 years in prison, fines of $2,000 to $500,000
- Class 5 felony: shorter prison term, applicable to third-degree arson and mid-value second- and fourth-degree cases
- Class 6 felony: the lowest felony tier, applying to property damage between $2,000 and $4,999
These ranges come from Colorado’s general felony sentencing statute.5Justia Law. Colorado Code 18-1.3-401 – Felonies Classified – Presumptive Penalties Misdemeanor arson, which arises in low-value second- and fourth-degree cases, typically carries up to 364 days in jail for a class 1 misdemeanor and up to 120 days for a class 2 misdemeanor.
Every prison sentence is followed by a mandatory parole period served under supervision. A class 3 felony carries 3 years of parole,5Justia Law. Colorado Code 18-1.3-401 – Felonies Classified – Presumptive Penalties so a 10-year sentence for first-degree arson means at least 13 years under state control.
Explosives Trigger the Crime of Violence Enhancement
When first-degree arson is committed with explosives, Colorado law requires sentencing under the crime of violence provisions in § 18-1.3-406.1Justia Law. Colorado Code 18-4-102 – First Degree Arson That roughly doubles the sentencing range. For a class 3 felony, the range becomes 10 to 32 years, up from 4 to 12. For a class 4 felony, it becomes 5 to 16 years.5Justia Law. Colorado Code 18-1.3-401 – Felonies Classified – Presumptive Penalties
When Arson Becomes Murder
If someone dies during an arson, the person who set the fire can be charged with first-degree murder under Colorado’s felony murder rule. Arson is specifically listed as a predicate felony, meaning a death occurring during the commission or attempted commission of arson is treated as first-degree murder without proof that the defendant intended to kill.6Justia Law. Colorado Code 18-3-102 – Murder in the First Degree The victim could be a firefighter, a resident trapped by smoke, or a co-conspirator.
First-degree murder is a class 1 felony. Colorado abolished the death penalty in 2020, so the maximum sentence is life imprisonment without the possibility of parole.5Justia Law. Colorado Code 18-1.3-401 – Felonies Classified – Presumptive Penalties For offenses committed on or after July 1, 1990, there is no parole eligibility.
Federal Arson Charges Can Run Alongside State Charges
Arson can also be prosecuted federally. Under 18 U.S.C. § 844(i), anyone who maliciously damages or destroys property by fire or explosives faces federal charges when the property is used in interstate or foreign commerce, or in any activity affecting interstate commerce.7Office of the Law Revision Counsel. 18 USC 844 – Penalties Businesses, rental properties, hotels, and hospitals all typically qualify.
Federal penalties are steep:
- Property damage only: 5 to 20 years in federal prison
- Personal injury results: 7 to 40 years
- Death results: life imprisonment or, in certain federal jurisdictions, the death penalty
State and federal prosecutions are not mutually exclusive. Under the dual sovereignty doctrine, both can proceed for the same fire without violating double jeopardy.7Office of the Law Revision Counsel. 18 USC 844 – Penalties
Statute of Limitations
Colorado imposes a three-year statute of limitations on felony arson charges and an eighteen-month deadline on misdemeanor arson. The clock runs from the date of the offense, not the date of discovery. Once the period lapses, the state loses the ability to charge the case regardless of what evidence later surfaces.
When arson results in a death and murder charges follow, there is no statute of limitations. Murder in Colorado has no filing deadline.
Restitution, Civil Suits, and Insurance
Criminal penalties are only part of the exposure. Colorado law requires the sentencing court in every felony and misdemeanor conviction either to set a restitution amount, set a deadline to calculate it, or make a finding that the victim suffered no financial loss. Restitution in arson cases routinely covers replacement of destroyed property, insurance deductibles, medical expenses, and lost wages.8Justia Law. Colorado Code 18-1.3-603 – Assessment of Restitution – Corrective Orders
Victims can also sue independently. Civil claims run on their own timeline and use a lower standard, preponderance of the evidence rather than beyond a reasonable doubt, so a defendant acquitted at trial can still face a civil judgment for rebuilding costs and lost profits.
Insurance is a separate blow. Standard homeowners and commercial property policies contain intentional-acts exclusions that deny coverage for losses the policyholder deliberately caused. A conviction for intentional arson generally means the insurer denies the claim, and insurers sometimes pursue their own civil actions to recover payouts made under a fraudulent claim.
Defenses Depend on the Degree Charged
Each degree requires proof of a different mental state, and the strongest defense usually targets the state the prosecution has to prove.
For first-degree arson, the prosecution must prove the defendant acted knowingly. Establishing an accidental origin, such as faulty wiring, a gas leak, improperly stored chemicals, or a lightning strike, undercuts that element. Fire investigation is imperfect, and defense experts often challenge whether accidental causes were properly ruled out.
Identity is a separate front. Arson often happens at night without witnesses, and prosecutors lean on circumstantial evidence: financial motive, access to the property, purchases of accelerants, cell phone location data. A misidentification defense, or one that points to an alternative suspect with the same motive and opportunity, can create reasonable doubt when physical evidence is thin.
Fourth-degree arson uses a recklessness standard. The prosecution must show the defendant was aware of and consciously disregarded a substantial risk. If the risk was not apparent to a reasonable person, the conduct may be careless rather than reckless, and the charge may not stick.
Consent is a defense to first- and second-degree arson, because both statutes require that the property belong to another and be burned without that person’s consent. A controlled burn authorized by the owner is not arson, provided the defense can document the authorization.