Ky. Rev. Stat. » Chapter 513
Kentucky Revised Statutes

Ky. Rev. Stat. § 513.030 (2026)

Arson in the second degree

✓ current as of May 2026
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(1) A person is guilty of arson in the second degree when he starts a fire or causes an explosion with intent to destroy or damage a building: (a) Of another; or (b) Of his own or of another, to collect or facilitate the collection of insurance proceeds for such loss. (2) In any prosecution under this section, it is a defense that: (a) No person other than the defendant had a possessory or proprietary interest in the building, or, if other persons had such an interest, all of them consented to the defendant's conduct; and (b) The defendant's sole intent was to destroy or damage the building for a lawful purpose. (3) Arson in the second degree is a Class B felony. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 56, sec. 3, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 406, sec. 115, effective January 1, 1975.

Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1984–2025 · leading case: Lawson v. Commonwealth, 53 S.W.3d 534 (Ky. 2001).
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Lawson v. Commonwealth, 53 S.W.3d 534 (Ky. 2001). · cites it 4× “KRS 513.030 defines the crime of arson in the second degree: (1) A person is guilty of arson in the second degree when he starts a fire or causes an explosion with intent to destroy or damage a building: (a) Of another; or (b) Of his own or of another, to collect or facilitate…”
Commonwealth v. Plowman, 86 S.W.3d 47 (Ky. 2002). · cites it 4× “The indictment charged that he started a fire with the intent to destroy or damage a bulldozer owned by another, contrary to KRS 513.030. After hearing oral arguments, the circuit judge granted the pre-trial motion by Plowman to dismiss the indictment.”
Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003). · cites it 2× “020 and KRS 513.030. Although arguably incomplete under RCr 6.”
Bray v. Commonwealth, 68 S.W.3d 375 (Ky. 2002). · cites it 2× “[21] KRS 513.030. Arson in the second degree. (1) A person is guilty of arson in the second degree when he starts a fire or causes an explosion with intent to destroy or damage a building: (a) Of another; or (b) Of his own or of another, to collect of facilitate the collection…”
McKinney v. Commonwealth, 60 S.W.3d 499 (Ky. 2001). · cites it 2× “Second-degree arson, KRS 513.030, requires a showing that the person started a *510 fire intending to destroy or damage a building of another.”
Commonwealth v. Morseman, 379 S.W.3d 144 (Ky. 2012). · cites it 2× “The grand jury then indicted Appellee for: (1) Second Degree Arson by Complicity, KRS 513.030, 1 “by knowingly and unlawfully starting a fire with the intent to collect or facilitate the collection of Insurance proceeds .”
Crayton v. Commonwealth, 846 S.W.2d 684 (Ky. 1992). · cites it 2× “The convictions were for second degree arson (KRS 513.030(1)(a)) and first degree wanton endangerment (KRS 508.”
King v. Commonwealth, 513 S.W.3d 919 (Ky. 2017). “020, and KRS 513.030, with KRS 513.040. The statute requires an intentional act only in the sense that the flames, wherever and however they are ignited, must have been lit intentionally.”
Harris v. Commonwealth, 313 S.W.3d 40 (Ky. 2010). “020; of complicity to second-degree arson, in violation of KRS 513.030; and of two counts of complicity to tampering with physical evidence, in violation of KRS 524.”
Cochran v. Commonwealth, 114 S.W.3d 837 (Ky. 2003). “020, was entitled to an instruction on arson in the second degree, KRS 513.030, as a lesser included offense on evidence that the persons whose bodies were found in the burned residence were already deceased when the fire was set.”
Collett v. Commonwealth, 686 S.W.2d 822 (Ky. Ct. App. 1984). “040; arson in the second and third degree; KRS 513.030 and KRS 513.040; theft by unlawful taking of property worth $100 or more, KRS 514.”
United States v. Jay Scott Ballinger, 395 F.3d 1218 (11th Cir. 2002). “§ 35-43-1-1 ; Ky.Rev.Stat. Ann. § 513.030; Tenn.Code Ann.”
Show all 17 citing cases →
— Ky. Rev. Stat. § 513.030(1) — 1 case
Jonathan Puckett v. Commonwealth of Kentucky (Ky. 2025).
— Ky. Rev. Stat. § 513.030(1)(a) — 3 cases
Crayton v. Commonwealth, 846 S.W.2d 684 (Ky. 1992). “The convictions were for second degree arson (KRS 513.030(1)(a)) and first degree wanton endangerment (KRS 508.”
Humberto Mesa-Vasquez A/K/A Alejandro Arturo Vasquez Cabrera V Commonwealth of Kentucky (Ky. 2021).
Ryan Parlett v. Commonwealth of Kentucky (Ky. Ct. App. 2021).
— Ky. Rev. Stat. § 513.030(2) — 1 case
Lawson v. Commonwealth, 53 S.W.3d 534 (Ky. 2001). “KRS 513.030 defines the crime of arson in the second degree: (1) A person is guilty of arson in the second degree when he starts a fire or causes an explosion with intent to destroy or damage a building: (a) Of another; or (b) Of his own or of another, to collect or facilitate…”
— Ky. Rev. Stat. § 513.030(l)(b) — 1 case
Commonwealth v. Morseman, 379 S.W.3d 144 (Ky. 2012). “The grand jury then indicted Appellee for: (1) Second Degree Arson by Complicity, KRS 513.030, 1 “by knowingly and unlawfully starting a fire with the intent to collect or facilitate the collection of Insurance proceeds .”
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