Idaho Code

Idaho Code § 18-804 (2026)

Arson in the third degree — Burning of real or personal property or forest land — Penalties. 

✓ current as of May 2026
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Arson in the third degree — Burning of real or personal property or forest land — Penalties. 

Any person who willfully and unlawfully, by fire or explosion, damages:

(1)  Any real or personal property of another; or
(2)  Any forest land;
is guilty of arson in the third degree, and upon conviction thereof shall be sentenced to the custody of the department of correction for not more than ten (10) years or fined not more than fifty thousand dollars ($50,000) or both.
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1991–2022 · leading case: State v. Knapp, 815 P.2d 1083 (Idaho Ct. App. 1991).
State v. Knapp, 815 P.2d 1083 (Idaho Ct. App. 1991). · cites it 2× “§ 18-803, and one count of fourth degree arson, I.C. § 18-804, reserving the right to appeal from the denial of his suppression motions.”
State v. Kelly, 963 P.2d 1211 (Idaho Ct. App. 1998). · cites it 8× “I.C. § 18-804. Kelly filed a motion to suppress all of the evidence discovered as a result of the warrantless entry into his home.”
United States v. Javier Velasquez-Reyes, A.K.A. Javier Alvarado-Hernandez, 427 F.3d 1227 (9th Cir. 2005). “§ 16-7-61 (West 2005); *1231 Idaho Code Ann. § 18-804 (2005); 720 Ill.”
United States v. Velez-Alderete, 569 F.3d 541 (5th Cir. 2009). “§ 16-7-61 ("vehicle, railroad car, watercraft, [or] aircraft”); Idaho Code Ann. § 18-804 ("[a]ny real or personal property of another”); III.”
State v. Shane Ryan Stevens (Idaho Ct. App. 2016). · cites it 2× “Idaho Code § 18-804 . The district court sentenced Stevens to a unified term of six years with two years determinate, suspended the sentence, and placed Stevens on supervised probation for a period of six years.”
State v. Steiger (Idaho Ct. App. 2019). · cites it 2× “________________________________________________ Before HUSKEY, Judge; LORELLO, Judge; and BRAILSFORD, Judge ________________________________________________ PER CURIAM Bradley Steven Steiger pled guilty to third degree arson, Idaho Code § 18-804 . The district court imposed a…”
State v. Heater (Idaho Ct. App. 2019). · cites it 2× “________________________________________________ HUSKEY, Judge In two separate cases, Bradley Regan Heater pleaded guilty to felony arson in the third degree, Idaho Code §§ 18-804 , 18-801, and grand theft by receiving/possessing stolen property, I.”
State v. Carter (Idaho Ct. App. 2022). · cites it 2× “I.C. § 18-804. In exchange, the State agreed to dismiss a first degree stalking charge.”
State v. Glenn Anthony Thor (Idaho Ct. App. 2013). · cites it 2× “Idaho Code § 18-804 (1). The district court sentenced Thor to a concurrent, unified term of ten years, with three years determinate, for each count.”
State v. Charles Arthur Skiles (Idaho Ct. App. 2014). · cites it 2× “I.C. §§ 18-804, 18-306. In exchange for his guilty pleas, additional charges were dismissed.”
State v. Sandy Kevin Nanney (Idaho Ct. App. 2015). · cites it 2× “Idaho Code §§ 18-804 . 18-7001(2), 18-7001, and 19-2514.”
United States v. Velasquez-Reyes (9th Cir. 2005). “§ 16-7-61 (West 2005); Idaho Code Ann. § 18-804 (2005); 720 Ill.”
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