Idaho Code
Idaho Code § 18-801 (2026)
Arson — Definitions.
✓ current as of May 2026
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Arson — Definitions.
In this chapter, the following terms have the following meanings:
(1) "Damage", in addition to its ordinary meaning, includes any charring, scorching, burning or breaking, and shall include any diminution in the value of any property as a consequence of an act;
(2) "Dwelling" means any structure used or intended for use as human habitation;
(3) "Structure" means any building of any kind, including fixtures and appurtenances attached thereto, any coliseum, bridge or carport, any tent or other portable building, or any vehicle, vessel, watercraft or aircraft;
(4) "Real property" means any land, and shall include any crops growing thereon;
(5) "Personal property" means any tangible property, including anything severed from the land;
(6) "Forest land" means any brush covered land, cut-over land, forest, prairie, grasslands, wetlands or woods;
(7) "Firefighter" means any person assisting in the suppression or extinguishment of any fire or explosion.
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1967–2023 · leading case: State v. Shackelford, 247 P.3d 582 (Idaho 2010).
State v. Shackelford, 247 P.3d 582 (Idaho 2010). “Idaho Code § 18-801 offers definitions for the crime of arson, such as “damage” and “dwelling.”
State v. Manzanares, 272 P.3d 382 (Idaho 2012). “[9] Idaho Code § 18-8502 (3) states: "Pattern of criminal gang activity" means the commission, attempted commission or solicitation of two (2) or more of the following offenses, provided that the offenses are committed on separate occasions or by two (2) or more gang members:…”
State v. Dunn, 434 P.2d 88 (Idaho 1967). “I.C. § 18-801 provides that setting fire to any dwelling house constitutes arson in the first degree and provides that upon conviction a person so found guilty may be incarcerated for a term not more than twenty years.”
State v. Knapp, 815 P.2d 1083 (Idaho Ct. App. 1991). “§§ 18-1401, -1402, -1403, -1404, four counts of first degree arson, I.C. § 18-801, five counts of second degree arson, I.”
United States v. Knight, 606 F.3d 171 (4th Cir. 2010). “tit. 21, § 1403 (A); S.C.Code Ann. 16-11-150; Wash.”
State v. Knight, 681 P.2d 6 (Idaho Ct. App. 1984). “I.C. § 18-801. He pled guilty, as a result of a plea bargain agreement, and was sentenced to the custody of the Board of Correction for an indeterminate term not to exceed twenty years.”
State v. Currington, 746 P.2d 997 (Idaho Ct. App. 1987). “Subsequently, Currington was charged with and convicted of first-degree arson, see I.C. § 18-801, and of damage to and destruction of insured property with the intent to defraud the insurer.”
State v. Leferink, 992 P.2d 775 (Idaho 1999). “” Idaho Code § 18-801 ; State v. Hall, 90 Idaho 478 , 413 P.”
State v. Durant, 674 P.2d 638 (Utah 1983). “, § 18-4-105 (1973); Idaho Code § 18-801 (1979 repl. vol.); Minn.”
State v. Morris, 773 P.2d 284 (Idaho Ct. App. 1989). “After a four-day trial, Morris was found guilty of three crimes: First Degree Arson (I.C. § 18-801), Damage to Insured Property (I.”
State v. Betterton, 903 P.2d 151 (Idaho Ct. App. 1995). “On appeal she challenges the district court’s denial of her motion, based on I.C. § 18-801, 1 to dismiss the DWP charge.”
State v. Johnson, 536 P.2d 295 (Idaho 1975). “The “preceding section’’ referred to is I.C. § 18-801, which provides that “any person who wilfully and maliciously sets fire to or burns * * * any dwelling house, whether occupied, unoccupied or vacant, or any kitchen, shop, barn, stable or other outhouse that is a parcel…”
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