Arson; aggravated arson

21-5812. Arson; aggravated arson. (a) Arson is: (1) Knowingly, by means of fire or explosive damaging any building or property which: (A) Is a dwelling in which another person has any interest without the consent of such other person; (B) is a dwelling with intent to injure or defraud an insurer or lienholder; (C) is not a dwelling in which another person has any interest without the consent of such other person; or (D) is not a dwelling with intent to injure or defraud an insurer or lienholder; (2) accidentally, by means of fire or explosive, as a result of manufacturing or attempting to manufacture a controlled substance or controlled substance analog in violation of K.S.A. 21-5703, and amendments thereto, damaging any building or property which is a dwelling; or (3) accidentally, by means of fire or explosive as a result of manufacturing or attempting to manufacture a controlled substance or controlled substance analog in violation of K.S.A. 21-5703, and amendments thereto, damaging any building or property which is not a dwelling. (b) Aggravated arson is arson, as defined in subsection (a): (1) Committed upon a building or property in which there is a human being; or (2) which results in great bodily harm or disfigurement to a firefighter or law enforcement officer in the course of fighting or investigating the fire. (c) (1) Arson as defined in: (A) Subsection (a)(1)(A) or (a)(1)(B) is a severity level 6, person felony; (B) subsection (a)(1)(C), (a)(1)(D) or (a)(3) is a severity level 7, nonperson felony; and (C) subsection (a)(2) is a severity level 7, person felony. (2) Aggravated arson as defined in: (A) Subsection (b)(1) is a: (i) Severity level 3, person felony, if such crime results in a substantial risk of bodily harm; and (ii) severity level 6, person felony, if such crime results in no substantial risk of bodily harm; and (B) subsection (b)(2) is a severity level 3, person felony. History: L. 2010, ch. 136, § 98; L. 2011, ch. 30, § 37; July 1. Source or Prior Law: 21-3718, 21-3719. CASE ANNOTATIONS 1. Section is not unconstitutionally vague because a reasonable interpretation of the phrase "any interest" implies an assertable legal interest in the property. State v. Bollinger, 302 Kan. 309, 320, 352 P.3d 1003 (2015). 2. A defendant charged with aggravated arson does not suffer a double jeopardy violation when convicted on multiple counts arising from damage by fire to separate apartments, each with a person inside. State v. Buchanan, 317 Kan. 443, 453, 531 P.3d 1198 (2023). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026