Connecticut General Statutes

Conn. Gen. Stat. § 53a-113 (2026)

Arson in the third degree: Class C felony

✓ current as of May 2026
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(a) A person is guilty of arson in the third degree when he recklessly causes destruction or damage to a building, as defined in section 53a-100, of his own or of another by intentionally starting a fire or causing an explosion.

(b) Arson in the third degree is a class C felony.

(1969, P.A. 828, S. 115; P.A. 73-639, S. 6; P.A. 79-570, S. 5; P.A. 80-229, S. 3; P.A. 92-260, S. 46.)

History: P.A. 73-639 specified applicability to destruction or damage of person's own building in Subsec. (a); P.A. 79-570 made third degree arson a Class C, rather than a Class D, felony; P.A. 80-229 added reference to building definition in Sec. 53a-100; P.A. 92-260 made a technical change in Subsec. (a).

Cited. 172 C. 298; 177 C. 545; 191 C. 636; 194 C. 210; 197 C. 158; 198 C. 92. There is no such thing as a conspiracy to commit a crime which is defined in terms of recklessly or negligently causing a result; therefore conspiracy to commit arson in the third degree in violation of this statute and Sec. 53a-48 is not a crime cognizable under state law. 199 C. 1. Cited. 200 C. 268; 202 C. 520; 235 C. 185; Id., 679.

Cited. 6 CA 680; 10 CA 361; 22 CA 53; 35 CA 94; judgment reversed, see 235 C. 185; Id., 714.

Cited. 41 CS 525.

Notes of Decisions
Cited in 26 cases (2 in the last 5 years), 1975–2025 · leading case: Home Ins. v. Aetna Life & Cas. Co., 663 A.2d 1001 (Conn. 1995).
Home Ins. v. Aetna Life & Cas. Co., 663 A.2d 1001 (Conn. 1995). · cites it 4× “The fire was set by Barry Schuss who pleaded guilty to arson in the third degree in violation of General Statutes § 53a-113 (a). 2 Schuss’ parents are insured by [Aetna], “[Home], as the insurer and assignee of the Emanuel Synagogue, paid its insured $696,539.”
State v. O'Neill, 511 A.2d 321 (Conn. 1986). · cites it 6× “II The defendant also claims that the trial court erred in failing to instruct the jury, as requested, on the lesser *278 included offenses of arson in the third degree, General Statutes § 53a-113, 6 and reckless burning, General Statutes § 53a-114.”
State v. Williams, 782 A.2d 149 (Conn. App. Ct. 2001). · cites it 4× “1 The panel found him guilty of murder in violation of General Statutes § 53a-54a 2 as charged in the first count of the information, arson murder in violation of General Statutes § 53a-54d 3 as charged in the second count and arson in *61 the third degree in violation of…”
State v. Domian, 668 A.2d 1333 (Conn. 1996). · cites it 4× ““On November 9, 1992, the defendant was arrested and charged with arson in the third degree in violation of General Statutes § 53a-113, 5 and false statement in violation of General Statutes [Rev.”
State v. Chasse, 721 A.2d 1212 (Conn. App. Ct. 1998). · cites it 4× “The state charged the defendant with arson in the first degree in violation of General Statutes § 53a-lll (a) (l), 1 arson in the second degree in violation of General *349 Statutes § 53a-112 (a) (l),* 2 arson in the third degree in violation of General Statutes § 53a-113 (a), 3…”
State v. Cimino, 478 A.2d 1005 (Conn. 1984). · cites it 4× “, was convicted of the crimes of arson in the third degree in violation of General Statutes § 53a-113 1 and burglary in the third degree in violation of General Statutes § 53a-103.”
State v. Houle, 940 A.2d 836 (Conn. App. Ct. 2008). · cites it 6× “After a trial to a jury, the defendant was convicted as charged, except that on the charge of arson in the first degree, the jury found him guilty of the lesser included offense of arson in the third degree in violation of General Statutes § 53a-113. 2 The defendant has appealed…”
State v. Madera, 503 A.2d 136 (Conn. 1985). · cites it 2× “” General Statutes § 53a-113. The written plea of nolo contendere provided as follows: “Upon the acceptance of this plea and the entry of judgment of guilty by the Court, the defendant will seek appellate review of the denial of these motions.”
State v. Bernier, 717 A.2d 652 (Conn. 1998). · cites it 4× “The defendant was charged with arson in the first degree in violation of General Statutes § 53a-lll 2 and with arson in the third degree in violation of General Statutes § 53a-113. 3 The trial court denied the defendant’s initial motion to suppress the wood samples themselves…”
State v. Beccia, 505 A.2d 683 (Conn. 1986). · cites it 2× “See General Statutes § 53a-113. Unless there is actual damage or destruction resulting from reckless conduct, there is no violation of the statute.”
State v. Gauthier, 809 A.2d 1132 (Conn. App. Ct. 2002). · cites it 2× “On December 5, 1997, the defendant was convicted, following a jury trial, of one count each of arson in the third degree in violation of General Statutes § 53a-113 (a), conspiracy to commit arson in the third degree in violation of General Statutes §§ 53a-48 and 53a-113 (a),…”
Home Ins. v. Aetna Life & Cas. Co., 644 A.2d 933 (Conn. App. Ct. 1994). · cites it 4× “The fire was set by Barry Schuss who pleaded *96 guilty to arson in the third degree in violation of General Statutes § 53a-113 (a). Schuss’ parents are insured by the defendant.”
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