The charge for arson can be anything from a misdemeanor carrying less than a year in county jail to a first-degree felony punishable by life in prison, and federal arson that kills someone can carry the death penalty. Where a specific case lands depends on three things: what burned, whether anyone was inside, and whether anyone was hurt or killed. State prosecutors handle most arson cases, but federal charges attach when the fire touches federal property, religious buildings, or a business connected to interstate commerce.
How States Grade Arson
Most states organize arson into degrees that track how dangerous the fire was. First-degree arson sits at the top and is almost always reserved for fires set in occupied buildings where people were at risk. Second-degree arson typically covers burning unoccupied structures. Third-degree arson, where it exists, often applies to burning personal property, vehicles, or vacant land. A few states run as many as five degrees. The dividing lines are consistent: whether the building was occupied, what type of property was targeted, and what the person intended to accomplish.
Misdemeanor arson exists in many states for the least dangerous fires — small-scale property damage with no one at risk and no insurance-fraud or revenge motive. The penalty is typically less than a year in county jail. Everything above that is felony territory.
State prison sentences for felony arson vary widely. Felony arson of an unoccupied building commonly falls in the 2 to 10 year range. First-degree arson of an occupied dwelling often carries 10 to 25 years or more, depending on the state.
When Arson Becomes a Federal Case
Federal law reaches arson in several specific situations, and the penalties come with mandatory minimums that a judge cannot waive.
Fires on Federal Land or in Maritime Jurisdiction
Under 18 U.S.C. § 81, burning any building, structure, vessel, or military supplies within federal land, a military installation, or U.S. maritime jurisdiction carries up to 25 years in prison. The fine is the greater of the standard federal fine or the cost of repairing or replacing the property. If the building is a dwelling or anyone’s life is put at risk, the maximum rises to life imprisonment.1Office of the Law Revision Counsel. 18 U.S.C. 81 – Arson Within Special Maritime and Territorial Jurisdiction
Government Property
Section 844(f) covers fires targeting property owned by, leased to, or receiving funding from the federal government. That sweeps in federal office buildings, post offices, courthouses, and federally funded institutions like many universities and hospitals. The base penalty is 5 to 20 years. If someone is injured or put at substantial risk of injury, the range jumps to 7 to 40 years. If someone dies, the penalty is 20 years to life, or the death penalty.2Office of the Law Revision Counsel. 18 U.S.C. 844 – Penalties
Property Used in Interstate Commerce
Section 844(i) is the most commonly charged federal arson statute. It applies to any building, vehicle, or property used in or affecting interstate or foreign commerce. Courts read this broadly, and hotels, restaurants, rental properties, and retail businesses all qualify. The penalty structure mirrors § 844(f): 5 to 20 years at baseline, 7 to 40 years if someone is injured, life imprisonment or death if someone dies.2Office of the Law Revision Counsel. 18 U.S.C. 844 – Penalties
Religious Property
Under 18 U.S.C. § 247, deliberately burning a church, mosque, synagogue, or other religious property carries escalating penalties. Property damage exceeding $5,000 brings up to 3 years. If fire or explosives cause bodily injury, the maximum rises to 40 years. If anyone dies, the sentence can be life imprisonment or the death penalty.3Office of the Law Revision Counsel. 18 U.S.C. 247 – Damage to Religious Property
Fire Used to Commit Another Federal Crime
Section 844(h) adds a mandatory 10-year sentence for anyone who uses fire or explosives to commit any other federal felony. That sentence runs consecutively, stacking on top of whatever the underlying crime carries. Probation is not available. A second offense doubles the mandatory term to 20 years.2Office of the Law Revision Counsel. 18 U.S.C. 844 – Penalties
What Pushes the Charge Higher
A handful of variables decide whether a case ends in county jail or decades in prison. The single biggest factor is whether people were inside the building. Fire is unpredictable, and courts treat any fire in an occupied structure as a potential death trap. That concern extends to firefighters and paramedics who have to go in.
Beyond occupancy, prosecutors weigh:
- Injury or death. Any physical harm to victims or first responders triggers enhanced charges at both the state and federal level.
- Insurance fraud motive. Setting fire to your own property to collect a payout adds fraud charges on top of the arson count.
- Property type. Homes carry heavier weight than commercial buildings, and commercial buildings carry heavier weight than vacant land or personal property.
- Scale of damage. A fire that spreads beyond the intended target, destroys neighboring properties, or ignites a wildfire exposes the defendant to additional charges and much higher restitution.
When Arson Turns Into Murder
If anyone dies during or as a direct result of the fire, the arsonist can be charged with murder even if killing was never the intent. Arson is a qualifying predicate felony under the felony murder rule in the vast majority of states. The victim does not have to be someone the arsonist knew was inside — a firefighter who dies battling the blaze counts.
A felony murder conviction typically carries the same sentence as intentional murder: 25 years to life, or life without parole, depending on the jurisdiction. At the federal level, death resulting from arson under § 844(f) or § 844(i) can result in the death penalty.2Office of the Law Revision Counsel. 18 U.S.C. 844 – Penalties An act intended to destroy a building becomes a capital crime the moment someone dies.
Fines and Restitution
Criminal fines are paid to the government as punishment. State fines range from a few thousand dollars for a misdemeanor up to $50,000 or more for serious felonies. Federal fines under 18 U.S.C. § 81 can equal the full cost of repairing or replacing the destroyed property, which sometimes dwarfs a flat fine amount.1Office of the Law Revision Counsel. 18 U.S.C. 81 – Arson Within Special Maritime and Territorial Jurisdiction
Restitution is separate from fines and goes directly to victims. Under the Mandatory Victims Restitution Act, federal courts must order restitution in arson cases because arson qualifies as both a crime of violence and an offense against property. Restitution covers the value of the destroyed property, medical costs for anyone injured, lost income, funeral expenses if someone died, and expenses victims incur while participating in the prosecution.4Office of the Law Revision Counsel. 18 U.S.C. 3663A – Mandatory Restitution to Victims of Certain Crimes Most states have similar requirements, and the obligation follows the defendant until it is paid in full, often well beyond the prison term.
Attempted Arson and Time Limits
You do not have to succeed in burning anything to be charged. Under 18 U.S.C. § 81, attempts and conspiracies to commit arson carry the same maximum penalties as the finished act.1Office of the Law Revision Counsel. 18 U.S.C. 81 – Arson Within Special Maritime and Territorial Jurisdiction Section 844(i) likewise covers attempts to damage property by fire. Most states charge attempted arson as a felony, though usually one degree below the completed offense.
Arson investigations tend to move slowly because the fire itself destroys much of the physical evidence. Federal law gives prosecutors a 10-year statute of limitations for non-capital arson offenses under 18 U.S.C. §§ 81 and 844, double the standard 5-year federal limit for most crimes.5Office of the Law Revision Counsel. 18 U.S.C. 3295 – Arson Offenses If the arson results in death, making it a capital offense, there is no statute of limitations at all. State time limits vary, but most give prosecutors more time for arson than for other property crimes.
What Follows a Conviction
The prison sentence and fines are only the start. A felony arson conviction creates a permanent record. Federal law prohibits convicted felons from possessing firearms. Employers running background checks will see the conviction, and arson carries a particular stigma with insurers and landlords. Some states require convicted arsonists to register their address with local law enforcement, with registration obligations that can last for life.
Victims can sue in civil court for damages beyond what criminal restitution covers. A criminal conviction makes a civil case much easier to win because the civil standard of proof is lower. Civil damages can include emotional distress, lost business income, and diminished property values for neighboring buildings. Insurance companies sometimes file their own suits to recover payouts made to policyholders. For someone convicted of arson-for-insurance-fraud, the insurer will deny the claim and may seek repayment of any amounts already paid, on top of whatever the criminal court imposes.