Idaho Code
Idaho Code

Idaho Code § 18-803 (2026)

Arson in the second degree — Burning of a structure — Penalties. 

✓ current as of May 2026
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Arson in the second degree — Burning of a structure — Penalties. 

Any person who willfully and unlawfully, by fire or explosion, damages any structure, whether the property of the actor or another, not included or described in the preceding section, is guilty of arson in the second degree, and upon conviction thereof shall be sentenced to the custody of the department of correction for not more than fifteen (15) years or fined not more than seventy-five thousand dollars ($75,000) or both.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1991–2024 · leading case: State v. Fox, 941 P.2d 357 (Idaho Ct. App. 1997).
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State v. Fox, 941 P.2d 357 (Idaho Ct. App. 1997). · cites it 14× “On appeal, Fox alleges that the arson statute, I.C. § 18-803, is unconstitutionally vague and overbroad, that two of the prosecution witnesses were biased because of financial arrangements with an insurer of the property in question and that the evidence was insufficient to…”
State v. Knapp, 815 P.2d 1083 (Idaho Ct. App. 1991). · cites it 2× “§ 18-802, one count of third degree arson, I.C. § 18-803, and one count of fourth degree arson, I.”
United States v. Sharp, 179 P.3d 1059 (Idaho 2008). · cites it 2× “” Section 19-2513 expressly requires that a defendant must be convicted of a crime before judgment can be withheld.”
State v. Dechenne, 855 P.2d 472 (Idaho Ct. App. 1993). · cites it 2× “Dechenne was charged with third degree arson, I.C. § 18-803; destroying livestock, I.C.”
State v. Salinas (Idaho Ct. App. 2019). · cites it 2× “________________________________________________ Before HUSKEY, Judge; LORELLO, Judge; and BRAILSFORD, Judge ________________________________________________ PER CURIAM Monica Leanne Salinas pleaded guilty to aggravated battery, Idaho Code §§ 18-803 (a), 18-907(b). The district…”
State v. Wilson (Idaho Ct. App. 2024). · cites it 2× “§§ 18-901 and 18-905, and second degree arson, I.C. § 18-803; and the State dismissed the remaining charges.”
State v. Michelle Joy Waters (Idaho Ct. App. 2013). · cites it 2× “________________________________________________ GRATTON, Judge Michelle Joy Waters appeals from her judgment and conviction entered following her plea of guilty to arson in the second degree, Idaho Code § 18-803 , and driving under the influence, I.”
State v. Calvin Knight (Idaho Ct. App. 2010). · cites it 2× “I.C. § 18-803. In exchange for his guilty plea, another charge was dismissed and the state agreed not to pursue an allegation that Knight was a persistent violator.”
State v. Calvin Lamont Bernard (Idaho Ct. App. 2015). · cites it 2× “Before MELANSON, Chief Judge; LANSING, Judge; and GRATTON, Judge PER CURIAM Calvin Lamont Bernard was convicted of second degree arson, Idaho Code § 18-803 . The district court imposed a unified sentence of ten years with two and one-half years determinate.”
State v. Dillen James Endres (Idaho Ct. App. 2015). · cites it 2× “________________________________________________ Before MELANSON, Chief Judge; GUTIERREZ, Judge; and GRATTON, Judge ________________________________________________ PER CURIAM Dillen James Endres pled guilty to two counts of aggravated assault with an enhancement for the use of…”
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