Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-1704 (2026)

Arson of an occupied structure; classification

✓ current as of May 2026
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A. A person commits arson of an occupied structure by knowingly and unlawfully damaging an occupied structure by knowingly causing a fire or explosion.

B. Arson of an occupied structure is a class 2 felony.

Notes of Decisions
Cited in 29 cases (4 in the last 5 years), 1980–2025 · leading case: State v. Davis, 79 P.3d 64 (Ariz. 2003).
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State v. Davis, 79 P.3d 64 (Ariz. 2003). · cites it 4× “Those guilty of kidnapping a person older than fifteen, A.R.S. § 13-1304 (2001), sexual assault of a victim older than fifteen, A.”
State v. Gatliff, 102 P.3d 981 (Ariz. Ct. App. 2004). · cites it 6× “¶ 14 A.R.S. § 13-1704 (2001) delineates the elements of the crime of arson of an occupied structure.”
State v. Bartlett, 830 P.2d 823 (Ariz. 1992). · cites it 4× “§ 13-1304; sexual assault of an adult, A.R.”
State v. DePiano, 926 P.2d 494 (Ariz. 1996). · cites it 4× “§ 13-1508); Arson of an Occupied Structure (A.R.S. § 13-1704); Class 3 felonies — 7.5 years: Manslaughter (A.”
Richard Greenway v. Charles Ryan, 866 F.3d 1094 (9th Cir. 2017). · cites it 2× “The trial court ruled, in relevant part, as follows: Now, after determining whether or not the State has proven beyond a reasonable doubt certain aggravating factors, the Court must then turn its direction to mitigating factors, not only those mitigating factors that are set…”
State v. Girdler, 675 P.2d 1301 (Ariz. 1983). · cites it 2× “, appeals from convictions of arson of an occupied structure, A.R.S. § 13-1704, and two counts of felony murder, A.”
State v. Vickers, 675 P.2d 710 (Ariz. 1984). · cites it 5× “§ 13-1105(A), and one count of arson of an occupied structure, A.R.S. § 13-1704. He was sentenced to death, A.”
State v. Vera, 766 P.2d 110 (Ariz. Ct. App. 1988). · cites it 4× “Appellant was charged with arson of an occupied structure and pled guilty to that offense, a class two felony, in violation of A.R.S. § 13-1704. Appellant stipulated to the payment of restitution in the plea agreement.”
State v. Mulalley, 618 P.2d 586 (Ariz. 1980). · cites it 2× “§ 13-1508; arson of an occupied structure, A.R.S. § 13-1704; and armed robbery, A.R.”
State v. Bartlett, 792 P.2d 692 (Ariz. 1990). · cites it 2× “§ 13-1508; and arson of an occupied structure, A.R.S. § 13-1704. Additionally, manslaughter, a class 3 felony, A.”
State v. Lopez, 323 P.3d 748 (Ariz. Ct. App. 2014). · cites it 2× “¶ 12 In addition to instructing on the elements of this offense, the trial court defined the culpable mental state of “knowingly” 2 and gave the following instruction concerning “transferred knowledge”: You may find that the defendant acted knowingly as to [D.”
State v. Fierroa, 804 P.2d 72 (Ariz. 1990). “…kidnapping under § 13-1304, burglary under § 13-1506, 13-1507 or 13-1508, arson of an occupied structure under § 13-1704, robbery under § 13-1902, 13-1903 or 13-1904, escape under § 13-2503 or 13-2504 or child abuse under § 13-3623, subsection B, paragraph 1, and in the…”
Show all 29 citing cases →
— Ariz. Rev. Stat. § 13-1704(A) — 4 cases
State v. Lopez, 323 P.3d 748 (Ariz. Ct. App. 2014). “¶ 12 In addition to instructing on the elements of this offense, the trial court defined the culpable mental state of “knowingly” 2 and gave the following instruction concerning “transferred knowledge”: You may find that the defendant acted knowingly as to [D.”
State v. Serrato, 557 P.3d 795 (Ariz. Ct. App. 2024).
State v. Serrato (Ariz. Ct. App. 2024).
State of Arizona v. Edwardo Serrato III (Ariz. 2025).
— Ariz. Rev. Stat. § 13-1704(B) — 2 cases
State v. Moreno (Ariz. Ct. App. 2017).
State of Arizona v. Edwardo Serrato III (Ariz. 2025).
— Ariz. Rev. Stat. § 13-1704(g) — 1 case
Richard Greenway v. Charles Ryan, 866 F.3d 1094 (9th Cir. 2017). “The trial court ruled, in relevant part, as follows: Now, after determining whether or not the State has proven beyond a reasonable doubt certain aggravating factors, the Court must then turn its direction to mitigating factors, not only those mitigating factors that are set…”
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