Code of Alabama
Ala. Code § 13A-7-43 (2026)
Arson in the Third Degree.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) A person commits the crime of arson in the third degree if he recklessly damages a building by a fire or an explosion.
(b) A person does not commit a crime under this section if no person other than himself has a possessory or proprietary interest in the damaged building.
(c) The burden of injecting the issue of justification in subsection (b) is on the defendant, but this does not shift the burden of proof.
(d) Arson in the third degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2807.)
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2009–2024 · leading case: McNaught v. United States, 646 F. Supp. 2d 372 (S.D.N.Y. 2009).
McNaught v. United States, 646 F. Supp. 2d 372 (S.D.N.Y. 2009). “on anyone’s property and thereby recklessly placing] another in danger of death or serious bodily injury”) (New Hampshire law); Ala.Code § 13A-7-43(a) (defining arson to include “recklessly damagefing] a building by a fire or explosion”) (Alabama law); see also Bethea v.”
Jon Raiford (Bankr. M.D. Ala. 2024). “criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third degree…”
Dison v. State, 21 So. 3d 1273 (Ala. Crim. App. 2009). “The appellant, Gregory Lee Dison, pled guilty to third-degree arson, a violation of § 13A-7-43, AIa.Code 1975. The trial court sentenced him to serve a term of twelve months in the Lauderdale County Detention Center.”
Acre v. Chambers, 129 F. Supp. 3d 1295 (M.D. Ala. 2015). “f criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third…”
— Ala. Code § 13A-7-43(a) — 1 case
McNaught v. United States, 646 F. Supp. 2d 372 (S.D.N.Y. 2009). “on anyone’s property and thereby recklessly placing] another in danger of death or serious bodily injury”) (New Hampshire law); Ala.Code § 13A-7-43(a) (defining arson to include “recklessly damagefing] a building by a fire or explosion”) (Alabama law); see also Bethea v.”
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