Alaska Statutes
Alaska Stat. § 11.46.410 (2026)
Arson in the second degree
✓ current as of July 2026
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Sec. 11.46.410. Arson in the second degree.
(a) A person commits the crime of arson in the second degree if the person knowingly damages a building by starting a fire or causing an explosion.
(b) In a prosecution under this section, it is an affirmative defense
(1) that no person other than the defendant had a possessory, proprietary, or security interest in the building or that all persons having such an interest consented to the defendant's conduct; and
(2) that the sole intent of the defendant was to damage or destroy the building for a lawful purpose.
(c) Arson in the second degree is a class B felony.
(a) A person commits the crime of arson in the second degree if the person knowingly damages a building by starting a fire or causing an explosion.
(b) In a prosecution under this section, it is an affirmative defense
(1) that no person other than the defendant had a possessory, proprietary, or security interest in the building or that all persons having such an interest consented to the defendant's conduct; and
(2) that the sole intent of the defendant was to damage or destroy the building for a lawful purpose.
(c) Arson in the second degree is a class B felony.
Notes of Decisions
Cited in 7
cases, 1985–1996 · leading case: Hansen v. State, 845 P.2d 449 (Alaska Ct. App. 1993).
Hansen v. State, 845 P.2d 449 (Alaska Ct. App. 1993). “110(a)(3), and second-degree arson, AS 11.46.410(a). He appeals his convictions.”
Nashoalook v. State, 744 P.2d 420 (Alaska Ct. App. 1987). “AS 11.46.410. A person commits arson in the second degree if the person intentionally damages a building by starting a fire.”
Ridgely v. State, 705 P.2d 924 (Alaska Ct. App. 1985). “AS 11.46.410(1); AS 11.46.100(1); AS 11.46.”
West v. State, 923 P.2d 110 (Alaska Ct. App. 1996). “(“Fred”) West was convicted by a jury of arson in the second degree, AS 11.46.410, and unlawful evasion in the first degree, AS 11.”
Zimmerman v. State, 706 P.2d 343 (Alaska Ct. App. 1985). “AS 11.46.410; AS 11.31.100. Superior Court Judge Charles K.”
Hathaway v. State, 925 P.2d 1343 (Alaska Ct. App. 1996). “AS 11.46.410 provides: Arson in the second degree, (a) A person commits the crime of arson in the second degree if the person intentionally damages a building by starting a fire or causing an explosion.”
Mossberg v. State, 733 P.2d 273 (Alaska Ct. App. 1987). “” As currently defined, first-degree arson is a class A felony, punishable, as was former AS 11.”
— Alaska Stat. § 11.46.410(1) — 1 case
Ridgely v. State, 705 P.2d 924 (Alaska Ct. App. 1985). “AS 11.46.410(1); AS 11.46.100(1); AS 11.46.”
— Alaska Stat. § 11.46.410(a) — 2 cases
Hansen v. State, 845 P.2d 449 (Alaska Ct. App. 1993). “110(a)(3), and second-degree arson, AS 11.46.410(a). He appeals his convictions.”
Nashoalook v. State, 744 P.2d 420 (Alaska Ct. App. 1987). “AS 11.46.410. A person commits arson in the second degree if the person intentionally damages a building by starting a fire.”
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