Colorado splits arson into four separate degrees, each targeting different conduct and carrying very different stakes — from a flat class 3 felony for burning an occupied building down to a petty offense for a small, low-value fire. Getting the degree right is often the whole ballgame.
First Degree Arson — C.R.S. § 18-4-102
Knowingly setting fire to, burning, or using an explosive to damage or destroy a building or occupied structure of another, without consent. This is a class 3 felony if the target was an occupied structure, or a class 4 felony if it was an unoccupied building. Arson committed with an explosive triggers mandatory crime-of-violence sentencing under C.R.S. § 18-1.3-406.
Second Degree Arson — C.R.S. § 18-4-103
The same conduct as first degree arson, but applied to property other than a building or occupied structure — a vehicle, a fence, a pile of lumber. This degree is classified entirely by the dollar value of the property, on the same ladder used for theft: from a petty offense under $300 up to a class 2 felony at $1 million or more.
Third Degree Arson — C.R.S. § 18-4-104
Using fire or explosives to intentionally damage any property with intent to defraud — the classic “burn it for the insurance money” charge. This is a flat class 5 felony regardless of the property’s value.
Fourth Degree Arson — C.R.S. § 18-4-105
Knowingly or recklessly starting or maintaining a fire, or causing an explosion, that places a person in danger of death or serious injury, or places a building or occupied structure in danger of damage. If a person was endangered, it’s a class 4 felony. If only property was endangered, the classification follows the same value-based ladder as second degree arson. A controlled agricultural burn conducted reasonably, with no one hurt, is specifically exempted.
Case Law That Shapes Arson Defense
People v. Calvaresi, 198 Colo. 321 (1979): The distinction between first and third degree arson — whether a “building or occupied structure” was involved — is not arbitrary and doesn’t violate equal protection, even though it results in very different penalties for similar conduct. The case also confirms that evidence a defendant recently increased insurance coverage on the property is admissible to show motive.
People v. LeFebre, 190 Colo. 307 (1976): “Burn” or “set fire to” requires actual ignition or alteration of the material’s fiber or texture — mere scorching or discoloration isn’t enough. A sheetrock ceiling and wooden joists still count as part of a “building,” even if the fire didn’t consume the whole structure.
People v. Welborne, 2018 COA 127: Criminal mischief is a lesser included offense of first degree arson when the same building or occupied structure is damaged.
People v. Magana, 2022 CO 25: The unit of prosecution for first degree arson is each building or occupied structure damaged or destroyed, not the number of fires set. The Colorado Supreme Court also held that fire alone is not a “deadly weapon” for purposes of crime-of-violence sentencing.
People v. Garcia, 189 Colo. 347 (1975): Fourth degree arson’s endangerment element is one of strict liability — the “knowingly or recklessly” requirement applies only to starting or maintaining the fire, not to whether a person or building ended up endangered.
Possible Defenses
Wrong degree charged — given how differently each degree is punished, whether the property qualifies as a “building or occupied structure” is often the central dispute.
No actual burning occurred — under LeFebre, scorching or discoloration alone doesn’t satisfy the statute.
Accidental or non-voluntary act — a fire caused by circumstances outside your control isn’t arson.
No intent to defraud (third degree) or no actual endangerment (fourth degree) — these are distinct elements the prosecution must separately prove.
Charged With Arson?
Arson charges range from a petty offense to a class 3 felony depending on exactly what was burned and why. Mile High Legal defends arson and property crime charges across Colorado. Call now for a free, confidential case review.
