Colo. Rev. Stat. » Title 18
Colorado Revised Statutes

Colo. Rev. Stat. § 18-4-102 (2026)

First degree arson

✓ current as of July 2026
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(1) A person who knowingly sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any building or occupied structure of another without his consent commits first degree arson.

(2) First degree arson is a class 3 felony if the arson is of an occupied structure, and it is a class 4 felony if the arson is of a building.

(3) A defendant convicted of committing first degree arson by the use of any explosive shall be sentenced by the court in accordance with the provisions of section 18-1.3-406.

Source: L. 71: R&RE, p. 426, § 1. C.R.S. 1963: § 40-4-102. L. 77: (1) amended, p. 962, § 19, effective July 1. L. 86: (3) added, p. 777, § 8, effective July 1. L. 2002: (3) amended, p. 1515, § 196, effective October 1. L. 2023: (2) amended, (HB 23-1293), ch. 298, p. 1784, § 7, effective October 1.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (3), see section 1 of chapter 318, Session Laws of Colorado 2002.

Notes of Decisions
Cited in 60 cases (5 in the last 5 years), 1975–2026 · leading case: Domingo-Gomez v. People, 125 P.3d 1043 (Colo. 2005).
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Domingo-Gomez v. People, 125 P.3d 1043 (Colo. 2005). · cites it 6× “(2005); first degree arson, section 18-4-102, C.R.S. (2005); attempted first degree assault, sections 18-2-101(1), 18-3-202, C.”
People v. Elkhatib, 632 P.2d 275 (Colo. 1981). · cites it 6× “The defendant, Ibrahim Elkhatib (defendant), appeals his conviction for first degree arson, section 18-4-102, C.R.S.1973 (1978 Repl.Vol.”
People Ex Rel. VanMeveren v. Dist. Court in & for the Cnty. of Larimer, 619 P.2d 494 (Colo. 1980). · cites it 32× “In this original proceeding the People seek relief in the nature of mandamus directing the respondent court to reinstate a criminal information against Ralph Loren Bollig (defendant) charging him with first-degree arson, section 18-4-102(1), C.R.S. 1973 (1978 Repl.”
Nowak v. Suthers, 320 P.3d 340 (Colo. 2014). · cites it 3× “1(a)(1) and section 18-4-102(1)(e), C.R.S. (2018), arguing that the district court erred by failing to give deference to its construction of seetion 17-22.”
People v. Bowman, 669 P.2d 1369 (Colo. 1983). · cites it 8× “[5] Section 18-4-102, C.R.S.1973 (1978 Repl.Vol.”
People v. Calvaresi, 600 P.2d 57 (Colo. 1979). · cites it 11× “Defendants John Calvaresi, George Turner, and Sarah Burnett were convicted by a jury of violating the first-degree arson statute, section 18-4-102(1), C.R.S. 1973. 1 All three defendants appeal the trial court’s ruling (1) admitting evidence of motive, (2) denying their motion…”
People v. Hinchman, 589 P.2d 917 (Colo. 1978). · cites it 6× “The defendant was convicted of first-degree arson which is a class three felony, section 18-4-102, C.R.S.1973, and punishable by a prison term of five to 40 years, section 18-1-105, C.”
Vitetta v. Corrigan, 240 P.3d 322 (Colo. Ct. App. 2009). · cites it 2× “That judgment was "final" for purposes of appeal, see § 18-4-102(1), C.R.S.2008, but precisely because it could be reversed on appeal, the parties' rights in it could not have vested.”
People v. Stoppel, 637 P.2d 384 (Colo. 1981). · cites it 6× “[4] Section 18-4-102, C.R.S. 1973 (1978 Repl.”
People v. Clark, 370 P.3d 197 (Colo. Ct. App. 2015). “at 542 (quoting § 18-4-102(8), C.R.8.2014); see also Colo.”
v. Palmer, 2018 COA 38 (Colo. Ct. App. 2018). · cites it 7× “See § 18-4-102(1), C.R.S. 2017. That information adequately advised Palmer of her need to defend against first degree arson, and the amended information did not charge an additional or different count of arson.”
People v. LeFebre, 546 P.2d 952 (Colo. 1976). · cites it 9× “2 Now section 18-4-102, C.R.S. 1973. 3 Now section 18-2-201, C.”
Show all 60 citing cases →
— Colo. Rev. Stat. § 18-4-102(1) — 20 cases
People Ex Rel. VanMeveren v. Dist. Court in & for the Cnty. of Larimer, 619 P.2d 494 (Colo. 1980). “In this original proceeding the People seek relief in the nature of mandamus directing the respondent court to reinstate a criminal information against Ralph Loren Bollig (defendant) charging him with first-degree arson, section 18-4-102(1), C.R.S. 1973 (1978 Repl.”
People v. Elkhatib, 632 P.2d 275 (Colo. 1981). “The defendant, Ibrahim Elkhatib (defendant), appeals his conviction for first degree arson, section 18-4-102, C.R.S.1973 (1978 Repl.Vol.”
People v. Calvaresi, 600 P.2d 57 (Colo. 1979). “Defendants John Calvaresi, George Turner, and Sarah Burnett were convicted by a jury of violating the first-degree arson statute, section 18-4-102(1), C.R.S. 1973. 1 All three defendants appeal the trial court’s ruling (1) admitting evidence of motive, (2) denying their motion…”
Vitetta v. Corrigan, 240 P.3d 322 (Colo. Ct. App. 2009). “That judgment was "final" for purposes of appeal, see § 18-4-102(1), C.R.S.2008, but precisely because it could be reversed on appeal, the parties' rights in it could not have vested.”
v. Palmer, 2018 COA 38 (Colo. Ct. App. 2018). “See § 18-4-102(1), C.R.S. 2017. That information adequately advised Palmer of her need to defend against first degree arson, and the amended information did not charge an additional or different count of arson.”
— Colo. Rev. Stat. § 18-4-102(1)(b) — 3 cases
City of Greenwood Vill. v. for the Proposed City of Centennial, 3 P.3d 427 (Colo. 2000).
Coffman, Colorado Attorney Gen. v. Williamson, Jr, 2015 CO 35 (Colo. 2015).
Lobato v. State, 304 P.3d 1132 (Colo. 2013).
— Colo. Rev. Stat. § 18-4-102(1)(d) — 2 cases
Yellow Jacket Water Conservancy Dist. v. Livingston, 318 P.3d 454 (Colo. 2013).
Meridian Ranch Metro. Dist. v. Colorado Ground Water Comm'n, 240 P.3d 382 (Colo. Ct. App. 2009).
— Colo. Rev. Stat. § 18-4-102(1)(e) — 2 cases
Nowak v. Suthers, 320 P.3d 340 (Colo. 2014). “1(a)(1) and section 18-4-102(1)(e), C.R.S. (2018), arguing that the district court erred by failing to give deference to its construction of seetion 17-22.”
People v. Carbajal, 198 P.3d 102 (Colo. 2008).
— Colo. Rev. Stat. § 18-4-102(1)(f) — 1 case
Brown v. Davidson, 192 P.3d 415 (Colo. Ct. App. 2006).
— Colo. Rev. Stat. § 18-4-102(1)(g) — 1 case
Brown v. Davidson, 192 P.3d 415 (Colo. Ct. App. 2006).
— Colo. Rev. Stat. § 18-4-102(2) — 2 cases
People ex rel. A.P.E., 988 P.2d 172 (Colo. Ct. App. 1999).
People Ex Rel Ape, 988 P.2d 172 (Colo. Ct. App. 1999).
— Colo. Rev. Stat. § 18-4-102(3) — 3 cases
Terry v. People, 977 P.2d 145 (Colo. 1999).
v. Palmer, 2018 COA 38 (Colo. Ct. App. 2018). “See § 18-4-102(1), C.R.S. 2017. That information adequately advised Palmer of her need to defend against first degree arson, and the amended information did not charge an additional or different count of arson.”
People v. Espinoza, 989 P.2d 178 (Colo. Ct. App. 1999).
— Colo. Rev. Stat. § 18-4-102(4) — 2 cases
People ex rel. A.P.E., 988 P.2d 172 (Colo. Ct. App. 1999).
People Ex Rel Ape, 988 P.2d 172 (Colo. Ct. App. 1999).
— Colo. Rev. Stat. § 18-4-102(8) — 1 case
People v. Clark, 370 P.3d 197 (Colo. Ct. App. 2015). “at 542 (quoting § 18-4-102(8), C.R.8.2014); see also Colo.”
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