569.040. Arson in the first degree.
Arson in the first degree.
569.040. 1. A person commits the crime of arson in the first degreewhen he or she:
(1) Knowingly damages a building or inhabitable structure, and whenany person is then present or in near proximity thereto, by starting a fireor causing an explosion and thereby recklessly places such person in dangerof death or serious physical injury; or
(2) By starting a fire or explosion, damages a building orinhabitable structure in an attempt to produce methamphetamine.
2. Arson in the first degree is a class B felony unless a person hassuffered serious physical injury or has died as a result of the fire orexplosion set by the defendant or as a result of a fire or explosionstarted in an attempt by the defendant to produce methamphetamine, in whichcase arson in the first degree is a class A felony.
(L. 1977 S.B. 60, A.L. 1987 H.B. 57, A.L. 2005 H.B. 353)