Idaho Code
Idaho Code § 18-802 (2026)
Arson in first degree — Burning of dwelling or other structures where persons are normally present — Penalties.
✓ current as of May 2026
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Arson in first degree — Burning of dwelling or other structures where persons are normally present — Penalties.
Any person who willfully and unlawfully, by fire or explosion, damages:
(1) Any dwelling, whether occupied or not; or
(2) Any structure, whether occupied or not, in which persons are normally present, including without limitation: jails, prisons or detention centers; hospitals, nursing homes or other health care facilities; department stores, office buildings, business establishments, churches or educational institutions, or other similar structures; or
(3) Any other structure which the actor has reasonable grounds to believe is occupied by a human being; or
(4) Any real or personal property, whether the property of the actor or another, with the intent to deceive or harm any insurer or any person with a legal or financial interest in the property, or obtain any financial gain for the actor or another;
is guilty of arson in the first degree, and upon conviction thereof shall be sentenced to the custody of the department of correction for not more than twenty-five (25) years or fined not more than one hundred thousand dollars ($100,000) or both.
Notes of Decisions
Cited in 34
cases, 1975–2019 · leading case: State v. Azad Haji Abdullah, 348 P.3d 1 (Idaho 2015).
State v. Azad Haji Abdullah, 348 P.3d 1 (Idaho 2015). “is guilty of arson in the first degree____” I.C. § 18-802. Abdullah contends that he is liable only for attempt to commit first-degree arson.”
State v. Leferink, 992 P.2d 775 (Idaho 1999). “Richard Leferink (Leferink) appeals from an order withholding judgment after being found guilty of the crime of First Degree Arson pursuant to Idaho Code § 18-802 . The distinct court concluded that the First Degree Arson statute is not unconstitutionally overbroad or void for…”
State v. Norton, 254 P.3d 77 (Idaho Ct. App. 2011). “Theresa Norton appeals from the judgment of conviction entered upon a jury verdict finding her guilty of arson in the first degree, Idaho Code §§ 18-802 and 18-204, conspiracy to commit arson in the first degree, I.”
State v. Shackelford, 247 P.3d 582 (Idaho 2010). “” Idaho Code § 18-802 provides that “[a]ny person who willfully and unlawfully, by fire or explosion, damages: (1) Any dwelling, whether occupied or not .”
Thomas v. State, 185 P.3d 921 (Idaho Ct. App. 2008). “I.C. § 18-802. At trial, the escort testified concerning Thomas’s confession, and the video from the escort’s apartment containing Thomas’s confession was played for the jury.”
Thompson v. State, 436 P.3d 642 (Idaho 2019). “In Thompson’s case, the jury was instructed on causation, as instruction 10a explicitly required the jury to find 9 Thompson “unlawfully caused” Blair’s death.”
State v. Knapp, 815 P.2d 1083 (Idaho Ct. App. 1991). “§ 18-801, five counts of second degree arson, I.C. § 18-802, one count of third degree arson, I.”
Brown v. State, 50 P.3d 1024 (Idaho Ct. App. 2002). “122 (1993) (“[T]he willful and malicious burning of or attempt to burn any building, structure, or property of another (as a house, a church, or a boat) or of one’s own usually with criminal or fraudulent intent.”
State v. Jerome Nathaniel Harris, 378 P.3d 519 (Idaho Ct. App. 2016). “I.C. §§ 18-802 and 18-806. The jury also found that Harris was a persistent violator.”
State v. Payne, 3 P.3d 1251 (Idaho 2000). “I.C. § 18-802. The jury was provided the following aggravated first degree arson instruction: In order for you to find the Defendant guilty of the crime of Aggravated Arson in the First Degree as an included offense to Count I of the Information, the State of Idaho must prove to…”
State v. Keyes, 248 P.3d 1278 (Idaho Ct. App. 2011). “Daniel Ray Keyes, II appeals from his conviction for first degree arson, Idaho Code § 18-802 . He contends that the district court erred by denying his motion for a mistrial.”
State v. Lloyd Hardin McNeil, 313 P.3d 48 (Idaho Ct. App. 2013). “Lloyd Hardin McNeil appeals from the judgment of conviction and sentence entered upon jury verdicts finding him guilty of voluntary manslaughter, Idaho Code § 18-4006 (1); first degree arson, I.C. § 18-802; and grand theft, I.C. §§ 18-2403(1), 18-2407(l)(b).”
— Idaho Code § 18-802(1) — 1 case
State v. Steven Eugene Roberts, III (Idaho Ct. App. 2015).
— Idaho Code § 18-802(4) — 2 cases
State v. Smith, 942 P.2d 574 (Idaho Ct. App. 1997).
State v. Patrick Anthony Morrissey (Idaho Ct. App. 2014).
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