Ark. Code Ann. » Title 5 Chapter 38
Arkansas Code Annotated

Ark. Code Ann. § 5-38-302 (2026)

Reckless burning

✓ current as of May 2026
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  1. A person commits the offense of reckless burning if the person purposely starts a fire or causes an explosion, whether on his or her own property or property of another person, and thereby recklessly:
    1. Creates a substantial risk of death or serious physical injury to any person;
    2. Destroys or causes substantial damage to an occupiable structure of another person; or
    3. Destroys or causes substantial damage to a vital public facility.
  2. Reckless burning is a Class D felony.

History. Acts 1975, No. 280, § 1903; A.S.A. 1947, § 41-1903.

Case Notes

Collateral Estoppel in Civil Case.

For purposes of collateral estoppel, a guilty plea in a criminal case is not equivalent to a criminal conviction that has been “actually litigated.” Therefore, in a defense obligation dispute, summary judgment was improperly granted to a homeowners' insurer because collateral estoppel could not have been used to show that an illegal purpose exclusion applied based on a guilty plea to reckless burning under subsection (a) of this section since the issues of intent and purpose were never actually litigated. Bradley Ventures, Inc. v. Farm Bureau Mut. Ins. Co., 371 Ark. 229, 264 S.W.3d 485 (2007).

Cited: Ginter v. Stallcup, 869 F.2d 384 (8th Cir. 1989).

Notes of Decisions
Cited in 1 case, 2007–2007 · leading case: Bradley Ventures, Inc. v. Farm Bureau Mut. Ins., 264 S.W.3d 485 (Ark. 2007).
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Bradley Ventures, Inc. v. Farm Bureau Mut. Ins., 264 S.W.3d 485 (Ark. 2007). · cites it 2× “Ark. Code Ann. § 5-38-302 (a) (Repl. 2006).”
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