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Kansas Statutes Annotated

K.S.A. § 21-5812 (2026)

Arson; aggravated arson

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21-5812. Arson; aggravated arson. (a) Arson is:

(1) Knowingly, by means of fire or explosive damaging any building or property which:

(A) Is a dwelling in which another person has any interest without the consent of such other person;

(B) is a dwelling with intent to injure or defraud an insurer or lienholder;

(C) is not a dwelling in which another person has any interest without the consent of such other person; or

(D) is not a dwelling with intent to injure or defraud an insurer or lienholder;

(2) accidentally, by means of fire or explosive, as a result of manufacturing or attempting to manufacture a controlled substance or controlled substance analog in violation of K.S.A. 21-5703, and amendments thereto, damaging any building or property which is a dwelling; or

(3) accidentally, by means of fire or explosive as a result of manufacturing or attempting to manufacture a controlled substance or controlled substance analog in violation of K.S.A. 21-5703, and amendments thereto, damaging any building or property which is not a dwelling.

(b) Aggravated arson is arson, as defined in subsection (a):

(1) Committed upon a building or property in which there is a human being; or

(2) which results in great bodily harm or disfigurement to a firefighter or law enforcement officer in the course of fighting or investigating the fire.

(c) (1) Arson as defined in:

(A) Subsection (a)(1)(A) or (a)(1)(B) is a severity level 6, person felony;

(B) subsection (a)(1)(C), (a)(1)(D) or (a)(3) is a severity level 7, nonperson felony; and

(C) subsection (a)(2) is a severity level 7, person felony.

(2) Aggravated arson as defined in:

(A) Subsection (b)(1) is a:

(i) Severity level 3, person felony, if such crime results in a substantial risk of bodily harm; and

(ii) severity level 6, person felony, if such crime results in no substantial risk of bodily harm; and

(B) subsection (b)(2) is a severity level 3, person felony.

History: L. 2010, ch. 136, § 98; L. 2011, ch. 30, § 37; July 1.

Notes of Decisions
Cited in 17 cases (8 in the last 5 years), 2015–2024 · leading case: United States v. Davis, 588 U.S. 445 (2019).
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United States v. Davis, 588 U.S. 445 (2019). “, Kan. Stat. Ann. §§ 21-5812 (c)(2)(A)(i), (ii) (2018 Cum.”
State v. Fisher, 373 P.3d 781 (Kan. 2016). · cites it 2× “K.S.A. 2015 Supp. 21-5812, the arson statute, forbids an individual from knowingly by means of fire or explosives damaging a dwelling "in which another person has any interest.”
State v. Murrin, 435 P.3d 1126 (Kan. 2019). · cites it 2× “K.S.A. 2018 Supp. 21-5812 (arson, "[k]nowingly, by means of fire or explosive damaging any building or property"); K.”
State v. Bollinger, 352 P.3d 1003 (Kan. 2015). “K.S.A. 2014 Supp. 21-5812(a)(l)(A) defines arson as “[kjnowingly, by means of fire or explosive damaging any building or property which .”
State v. Coble, 479 P.3d 201 (Kan. 2021). “See K.S.A. 2019 Supp. 21-5812 (itemizing elements of aggravated arson).”
United States v. Mitchell, 218 F. Supp. 3d 360 (M.D. Pa. 2016). “§ 35-43-1-1; Kan. Stat. Ann. § 21-5812 ; La. Stat. Ann.”
State v. Watt, 477 P.3d 1058 (Kan. Ct. App. 2020). · cites it 7× “And the court acknowledged the continuing viability of Houck on this point under K.S.A. 21-5812 in an opinion focusing on another aspect of the arson statute.”
State v. Buchanan, 515 P.3d 754 (Kan. Ct. App. 2022). · cites it 6× “Interpretation of K.S.A. 2017 Supp. 21-5812 A jury convicted Buchanan under K.”
State v. Dreiling, 480 P.3d 211 (Kan. Ct. App. 2021). · cites it 3× “) Second, K.S.A. 2018 Supp. 21-5812(a)(1)(A) defines arson as "[k]nowingly, by means of fire or explosive, damaging any building or property which .”
DeBella v. Topeka Fire Dep't, No. 5:23-cv-03255 (D. Kan. Dec. 5, 2023). · cites it 2× “See K.S.A. § 21-5812. There is no indication that Kansas courts have found these criminal statutes can be used as the basis for a civil action.”
DeBella v. Topeka Fire Dep't, No. 5:23-cv-03255 (D. Kan. Jan. 16, 2024). · cites it 2× “See K.S.A. § 21-5812. There is no indication that Kansas courts have found these criminal statutes can be used as the basis for a civil action.”
State v. Royer, 469 P.3d 1290 (Kan. Ct. App. 2020). “The defendant knowingly, by means of fire, damaged property in which Wanda Lawson and/or Michael Hemmert had an interest, without the consent of Wanda Lawson and/or Michael Hemmert.”
Show all 17 citing cases →
K.S.A. § 21-5812(1): 1 case
State v. Murrin, 435 P.3d 1126 (Kan. 2019). “K.S.A. 2018 Supp. 21-5812 (arson, "[k]nowingly, by means of fire or explosive damaging any building or property"); K.”
K.S.A. § 21-5812(a)(1): 1 case
State v. Royer, 469 P.3d 1290 (Kan. Ct. App. 2020). “The defendant knowingly, by means of fire, damaged property in which Wanda Lawson and/or Michael Hemmert had an interest, without the consent of Wanda Lawson and/or Michael Hemmert.”
K.S.A. § 21-5812(a)(1)(A): 6 cases
State v. Watt, 477 P.3d 1058 (Kan. Ct. App. 2020). “And the court acknowledged the continuing viability of Houck on this point under K.S.A. 21-5812 in an opinion focusing on another aspect of the arson statute.”
State v. Dreiling, 480 P.3d 211 (Kan. Ct. App. 2021). “) Second, K.S.A. 2018 Supp. 21-5812(a)(1)(A) defines arson as "[k]nowingly, by means of fire or explosive, damaging any building or property which .”
State v. Buchanan, 515 P.3d 754 (Kan. Ct. App. 2022). “Interpretation of K.S.A. 2017 Supp. 21-5812 A jury convicted Buchanan under K.”
State v. Day, 471 P.3d 732 (Kan. Ct. App. 2020).
State v. Coble, 444 P.3d 1016 (Kan. Ct. App. 2019).
K.S.A. § 21-5812(a)(1)(B): 1 case
State v. Watt, 477 P.3d 1058 (Kan. Ct. App. 2020). “And the court acknowledged the continuing viability of Houck on this point under K.S.A. 21-5812 in an opinion focusing on another aspect of the arson statute.”
K.S.A. § 21-5812(a)(1)(C): 1 case
State v. Chester, 552 P.3d 23 (Kan. Ct. App. 2024).
K.S.A. § 21-5812(a)(l)(A): 1 case
State v. Bollinger, 352 P.3d 1003 (Kan. 2015). “K.S.A. 2014 Supp. 21-5812(a)(l)(A) defines arson as “[kjnowingly, by means of fire or explosive damaging any building or property which .”
K.S.A. § 21-5812(b)(1): 2 cases
State v. Buchanan, 515 P.3d 754 (Kan. Ct. App. 2022). “Interpretation of K.S.A. 2017 Supp. 21-5812 A jury convicted Buchanan under K.”
State v. Palmer, 501 P.3d 377 (Kan. Ct. App. 2021).
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