Arson is an Illinois crime that involves fire or explosives. Unlike accidental fires, where no one is responsible for any damage or injury, arson requires intentional action. Correspondingly, arson offenders are held criminally responsible for any damage or injury caused. Though there are actually four varieties of arson in Illinois, with criminal punishment fluctuating based on the circumstances of the offense.
Arson
720 ILCS 5/20-1 supplies the Illinois laws against arson. Under this section, a person can commit arson in one of two ways.
First, a person commits arson if they use fire or explosives to knowingly damage someone else’s real or personal property without consent. The damaged property in question must have a value of at least $150 to qualify as arson.
Second, a person commits arson if they use fire or explosives to knowingly damage any property while intending to defraud an insurer. Though once again, the damaged property in question must have a value of at least $150 to qualify as arson.
Section 20-1 also establishes the Illinois punishment for arson. Under this section, arson is a Class 2 felony. Any person convicted for this felony can face criminal fines up to $25,000 and imprisonment for three to seven years.
Residential Arson
The Illinois laws against residential arson appear under Section 20-1. A standard arson charge becomes residential arson if the perpetrator damages any residential building or structure. This version of arson applies whether the perpetrator commits partial or total damage to the residence in question.
Section 20-1 also details the Illinois punishment for residential arson. Under this section, residential arson is a Class 1 felony. Any person convicted for this felony can face criminal fines up to $25,000 and imprisonment for four to 15 years.
Place of Worship Arson
The Illinois laws against place of worship arson appear under Section 20-1. A standard arson charge becomes place of worship arson if the perpetrator damages any place of worship. This version of arson applies whether the perpetrator commits partial or total damage to the place of worship in question.
Section 20-1 also explains the Illinois punishment for place of worship arson. Under this section, place of worship arson is a Class 1 felony. Any person convicted for this felony can face similar penalties to those described above for residential arson
Aggravated Arson
720 ILCS 5/20-1.1 delivers the Illinois laws against aggravated arson. There are two elements to this offense. The first element requires a perpetrator to commit arson and damage, partially or totally, any building or structure. The damage can occur to an adjacent building or structure and includes school buildings, house trailers, watercraft, motor vehicles, and railroad cars.
The second element of aggravated arson requires:
- The perpetrator to know, or have a reason to know, that at least one person was present in the building or structure;
- Any person to sustain serious physical injury or permanent disability or disfigurement as a result of the offense; or
- Any firefighter or police or correctional officer to sustain injury while responding to the offense in their official capacity.
Section 20-1.1 also provides the Illinois punishment for aggravated arson. Under this section, aggravated arson is a Class X felony. Any person convicted for this felony can face criminal fines up to $25,000 and imprisonment for six to 30 years.
