Alaska Statutes
Alaska Stat. § 11.46.400 (2026)
Arson in the first degree
✓ current as of July 2026
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Sec. 11.46.400. Arson in the first degree.
(a) A person commits the crime of arson in the first degree if the person intentionally damages any property by starting a fire or causing an explosion and by that act recklessly places another person in danger of serious physical injury. For purposes of this section, “another person” includes but is not limited to fire and police service personnel or other public employees who respond to emergencies, regardless of rank, functions, or duties being performed.
(b) Arson in the first degree is a class A felony.
(a) A person commits the crime of arson in the first degree if the person intentionally damages any property by starting a fire or causing an explosion and by that act recklessly places another person in danger of serious physical injury. For purposes of this section, “another person” includes but is not limited to fire and police service personnel or other public employees who respond to emergencies, regardless of rank, functions, or duties being performed.
(b) Arson in the first degree is a class A felony.
Notes of Decisions
Cited in 28
cases (3 in the last 5 years), 1980–2025 · leading case: Putnam v. State, 629 P.2d 35 (Alaska 1980).
Putnam v. State, 629 P.2d 35 (Alaska 1980). “The conduct proscribed in those sections is now covered by AS 11.46.400 (first degree arson) and AS 11.”
Burcina v. City of Ketchikan, 902 P.2d 817 (Alaska 1995). “Under AS 11.46.400, "[a] person commits the crime of arson in the first degree if the person intentionally damages any properly by starting a fire or causing an explosion and by that act recklessly places another person in danger of serious physical injury.”
Hansen v. State, 845 P.2d 449 (Alaska Ct. App. 1993). “Under AS 11.46.400(a), a person commits the crime of arson in the first degree if he or she “intentionally damages any property by starting a fire or causing an explosion and by that act recklessly places another person in danger of serious physical injury.”
Monroe v. State, 752 P.2d 1017 (Alaska Ct. App. 1988). “110(c)(2); AS 11.46.400. The maximum sentence for a class B felony is ten years’ imprisonment; presumptive terms are four years for a second felony offender and six years for a third felony offender.”
Lamb v. Anderson, 147 P.3d 736 (Alaska 2006). “See AS 11.46.400 (defining first degree arson as "intentionally damagling]" the property of another by fire).”
Nelson v. State, 68 P.3d 402 (Alaska Ct. App. 2003). “A defendant who claims constitutional error must prove that an error occurred (under the applicable standard of review). Only then does the defendant obtain the benefit of the "harmless beyond a reasonable doubt" rule-when the appellate court turns to the issue of whether this…”
Simmons v. State, Dept. of Corr., 426 P.3d 1011 (Alaska 2018). “320, or under AS 11.46.400." 11 Simmons was convicted under AS 11.”
MacHado v. State, 797 P.2d 677 (Alaska Ct. App. 1990). “AS 11.46.400(a). The arson statute is distinct in that it prohibits the intentional damage of property, and therefore protects different societal interests than the attempted murder and assault statutes.”
Faulkenberry v. State, 649 P.2d 951 (Alaska Ct. App. 1982). “AS 11.46.400(a) provides: A person commits the crime of arson in the first degree if he intentionally damages any property by starting a fire or causing an explosion and by that act recklessly places another person in danger of serious physical injury.”
Hathaway v. State, 925 P.2d 1343 (Alaska Ct. App. 1996). “AS 11.46.400(a); AS 11.41.220(a). 1 Superior Court Judge Richard D.”
Edwards v. State, 842 P.2d 1281 (Alaska Ct. App. 1992). “-100(a), and one count of first-degree arson, AS 11.46.400(a), following a jury trial in the Bethel superior court.”
State v. Roberts, 999 P.2d 151 (Alaska Ct. App. 2000). “330; (D) arson or criminally negligent burning under AS 11.46.400 — 11.46.430; (E) criminal mischief under AS 11.”
— Alaska Stat. § 11.46.400(2) — 1 case
Gorz v. State, 749 P.2d 1349 (Alaska Ct. App. 1988).
— Alaska Stat. § 11.46.400(a) — 9 cases
Hansen v. State, 845 P.2d 449 (Alaska Ct. App. 1993). “Under AS 11.46.400(a), a person commits the crime of arson in the first degree if he or she “intentionally damages any property by starting a fire or causing an explosion and by that act recklessly places another person in danger of serious physical injury.”
Nelson v. State, 68 P.3d 402 (Alaska Ct. App. 2003). “A defendant who claims constitutional error must prove that an error occurred (under the applicable standard of review). Only then does the defendant obtain the benefit of the "harmless beyond a reasonable doubt" rule-when the appellate court turns to the issue of whether this…”
MacHado v. State, 797 P.2d 677 (Alaska Ct. App. 1990). “AS 11.46.400(a). The arson statute is distinct in that it prohibits the intentional damage of property, and therefore protects different societal interests than the attempted murder and assault statutes.”
Faulkenberry v. State, 649 P.2d 951 (Alaska Ct. App. 1982). “AS 11.46.400(a) provides: A person commits the crime of arson in the first degree if he intentionally damages any property by starting a fire or causing an explosion and by that act recklessly places another person in danger of serious physical injury.”
Hathaway v. State, 925 P.2d 1343 (Alaska Ct. App. 1996). “AS 11.46.400(a); AS 11.41.220(a). 1 Superior Court Judge Richard D.”
— Alaska Stat. § 11.46.400(b) — 1 case
Monroe v. State, 752 P.2d 1017 (Alaska Ct. App. 1988). “110(c)(2); AS 11.46.400. The maximum sentence for a class B felony is ten years’ imprisonment; presumptive terms are four years for a second felony offender and six years for a third felony offender.”
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