Florida Statute 806.031 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 806
ARSON AND CRIMINAL MISCHIEF

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806.031 Arson resulting in injury to another; penalty.—

(1) A person who perpetrates any arson that results in any bodily harm to a firefighter or any other person, regardless of intent or lack of intent to cause such harm, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A person who perpetrates any arson that results in great bodily harm, permanent disability, or permanent disfigurement to a firefighter or any other person, regardless of intent or lack of intent to cause such harm, is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Upon conviction and adjudication of guilt, a person may be sentenced separately, pursuant to s. 775.021(4), for any violation of this section and for any arson committed during the same criminal episode. A conviction for any arson, however, is not necessary for a conviction under this section.

History.—s. 1, ch. 84-23; s. 182, ch. 91-224.

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Amendments to 806.031

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 806.031

Level: Degree
Misdemeanor/Felony: First/Second/Third

S806.031 1 - ARSON - CAUSE BODILY HARM - M: F

S806.031 2 - ARSON - CAUSE GREAT BODILY HARM PERMANENT DISABILITY - F: S

Cases Citing Statute 806.031

Total Results: 2 | Sort by: Relevance | Newest First

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Abbate v. State, 82 So. 3d 886 (Fla. 4th DCA 2011).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 9617, 2011 WL 2462662

...or another, under any circumstances not referred to in subsection (1), is guilty of arson in the second degree, which constitutes a felony of the second degree .... The state also charged the defendant with arson resulting in injury to another under section 806.031(2), Florida Statutes (2006), which provides: A person who perpetrates any arson that results in great bodily harm, permanent disability, or permanent disfigurement to a firefighter or any other person, regardless of intent or lack of intent to cause such harm, is guilty of a felony of the second degree.......

...Second-degree arson is a lesser offense of arson resulting in injury to another because the statutory elements of second-degree arson as provided in section 806.01(2) are subsumed by the greater offense of arson resulting in injury to anoth *889 er as provided in section 806.031(2)....

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In Re Stand. Jury Instructions in Crim. Cases— Report No. 2013-03, 146 So. 3d 1110 (Fla. 2014).

Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 531, 2014 Fla. LEXIS 2582, 2014 WL 4251210

...Comment This instruction was adopted in 1981 and amended in 1992 and 2014. - 39 - 12.9 ARSON RESULTING IN INJURY § 806.031, Fla....

...sonable doubt: Add the following element to the two elements in instruction 12.1 or 12.2, as appropriate, and then read the appropriate definitions. 3. As a result, bodily harm was caused to (victim). Give if applicable. Fla. Stat. § 806.031(2). If you find the defendant guilty of Arson Resulting in Injury, you must then determine whether the State has proven beyond a reasonable doubt that the arson resulted in [great bodily harm] [permanent disability] [or] [permanent disfigurement] to (victim). Lesser Included Offenses ARSON RESULTING IN [GREAT BODILY HARM] [PERMANENT DISABILITY] [PERMANENT DISFIGUREMENT] — 806.031(2) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Arson Resulting in 806.031(1) 12.9 Injury Attempt 777.04(1) 5.1 Comment This instruction was adopted in 2014. - 40 - 14.10 FAILURE TO RETURN [HIRED] [LEASED] PROPERTY § 812.155(3), Fla....