(1) A person who knowingly or recklessly starts or maintains a fire or causes an explosion, on his own property or that of another, and by so doing places another in danger of death or serious bodily injury or places any building or occupied structure of another in danger of damage commits fourth degree arson.
(2) Fourth degree arson is a class 4 felony if a person is thus endangered.
(3) Fourth degree arson is:
(a) A petty offense if only property is thus endangered and the value of the property is less than three hundred dollars;
(b) A class 2 misdemeanor if only property is thus endangered and the value of the property is three hundred dollars or more but less than one thousand dollars;
(c) A class 1 misdemeanor if only property is thus endangered and the value of the property is one thousand dollars or more but less than two thousand dollars;
(d) A class 6 felony if only property is thus endangered and the value of the property is two thousand dollars or more but less than five thousand dollars;
(e) A class 5 felony if only property is thus endangered and the value of the property is five thousand dollars or more but less than twenty thousand dollars;
(f) A class 4 felony if only property is thus endangered and the value of the property is twenty thousand dollars or more but less than one hundred thousand dollars;
(g) A class 3 felony if only property is thus endangered and the value of the property is one hundred thousand dollars or more but less than one million dollars; and
(h) A class 2 felony if only property is thus endangered and the value of the property is one million dollars or more.
(4) Repealed.
(5) It shall not be an arson offense pursuant to this section if:
(a) A person starts and maintains a fire as a controlled agricultural burn in a reasonably cautious manner; and
(b) No person suffers any of the following as a result of the fire:
(I) Bodily injury;
(II) Serious bodily injury; or
(III) Death.
(6) For purposes of this section, "controlled agricultural burn" means a technique used in farming to clear the land of any existing crop residue, kill weeds and weed seeds, or reduce fuel buildup and decrease the likelihood of a future fire. Source: L. 71: R&RE, p. 426, § 1. C.R.S. 1963: § 40-4-105. L. 77: (1) amended, p. 962, § 21, effective July 1. L. 2010: (5) and (6) added, (HB 10-1123), ch. 121, p. 404, § 1, effective August 11. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3175, § 201, effective March 1, 2022;
(4)(b) added by revision, (SB 21-271), ch. 462, pp. 3175, 3331, §§ 201, 803.
Editor's note: Subsection (4)(b) provided for the repeal of subsection (4), effective March 1, 2022. (See L. 2021, pp. 3175, 3331.)
PART 2
BURGLARY AND RELATED OFFENSES
Notes of Decisions
Cited in
17
cases (
6 in the last 5 years), 1975–2026 · leading case:
Copeland v. People, 2 P.3d 1283 (Colo. 2000).
Copeland v. People, 2 P.3d 1283 (Colo. 2000).
· cites it 22× “§ 18-4-105, 6 C.R.S. (1999). We granted certiorari to determine whether the mens rea requirement of this statute applies to the phrase "and by so doing places another in danger of death or serious bodily injury.”
The People of the State of Colorado v. Adrian Elijah Salazar, 2023 COA 102 (Colo. Ct. App. 2023).
· cites it 2× “at 1284 (quoting § 18-4-105(1), C.R.S. 2023). Still, our supreme court concluded that the mental state requirement did not apply to the result element because the statute’s “phraseology .”
People v. Owens, 670 P.2d 1233 (Colo. 1983).
· cites it 8× “He argues that the statute violates equal protection because it proscribes the same conduct forbidden by the fourth degree arson statute, section 18-4-105, C.R.S.1973 (1978 Repl.Vol.”
A-1 Auto Repair & Detail, Inc. v. Bilunas-Hardy, 93 P.3d 598 (Colo. Ct. App. 2004).
· cites it 4× “Next, Hardy contends the trial court erred in awarding treble damages and attorney fees under § 18-4-105, C.R.S.2003. We disagree. Because the trial court was undoubtedly referencing § 18-4-405, not § 18-4-105, Hardy has no basis for her contention.”
People v. Hoehl, 568 P.2d 484 (Colo. 1977).
· cites it 3× “Garcia, supra, we upheld section 18-4-105, C.R.S. 1973 (fourth-degree arson), which prohibits placing “any building or occupied structure * * * in danger of damage,” noting that this standard “gives both the defendant and the jury a practical guideline to acceptable behavior.”
People v. Johnson, 757 P.2d 1098 (Colo. Ct. App. 1988).
· cites it 6× “He claims that § 18-4-105, C.R.S. (1986 RepLVol. 8B) does not apply to the danger of death or serious injury to firemen since such risk is inherent in any first degree arson, but rather for those situations in which a defendant’s conduct knowingly or recklessly endangers a…”
People v. Fordyce, 612 P.2d 1131 (Colo. 1980).
· cites it 3× “8), and fourth-degree arson under section 18-4-105, C.R.S. 1973 (1978 Repl.”
People v. Garcia, 541 P.2d 687 (Colo. 1975).
· cites it 3× “The issue before the court is the constitutionality of section 18-4-105, C.R.S. 1973 (Fourth Degree Arson).”
People v. Marquez, 107 P.3d 993 (Colo. Ct. App. 2004).
· cites it 2× “2000), the supreme court relied on that distinction in concluding that § 18-4-105(2), C.R.S.2003, which provides that fourth degree arson is committed when a person “knowingly or recklessly starts or maintains a fire .”
— Colo. Rev. Stat. § 18-4-105(1) — 7 cases
Copeland v. People, 2 P.3d 1283 (Colo. 2000).
“§ 18-4-105, 6 C.R.S. (1999). We granted certiorari to determine whether the mens rea requirement of this statute applies to the phrase "and by so doing places another in danger of death or serious bodily injury.”
People v. Owens, 670 P.2d 1233 (Colo. 1983).
“He argues that the statute violates equal protection because it proscribes the same conduct forbidden by the fourth degree arson statute, section 18-4-105, C.R.S.1973 (1978 Repl.Vol.”
People v. Johnson, 757 P.2d 1098 (Colo. Ct. App. 1988).
“He claims that § 18-4-105, C.R.S. (1986 RepLVol. 8B) does not apply to the danger of death or serious injury to firemen since such risk is inherent in any first degree arson, but rather for those situations in which a defendant’s conduct knowingly or recklessly endangers a…”
— Colo. Rev. Stat. § 18-4-105(2) — 2 cases
Copeland v. People, 2 P.3d 1283 (Colo. 2000).
“§ 18-4-105, 6 C.R.S. (1999). We granted certiorari to determine whether the mens rea requirement of this statute applies to the phrase "and by so doing places another in danger of death or serious bodily injury.”
People v. Marquez, 107 P.3d 993 (Colo. Ct. App. 2004).
“2000), the supreme court relied on that distinction in concluding that § 18-4-105(2), C.R.S.2003, which provides that fourth degree arson is committed when a person “knowingly or recklessly starts or maintains a fire .”
— Colo. Rev. Stat. § 18-4-105(3) — 1 case
— Colo. Rev. Stat. § 18-4-105(3)(g) — 1 case
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