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

Ky. Rev. Stat. § 513.040 (2026)

Arson in the third degree

✓ current as of May 2026
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(1) A person is guilty of arson in the third degree if he wantonly causes destruction or damage to a building of his own or of another by intentionally starting a fire or causing an explosion. (2) In any prosecution under this section, it is a defense that 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 defendant's conduct. (3) Arson in the third degree is a Class D felony. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 56, sec. 4, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 406, sec. 116, effective January 1, 1975.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1984–2025 · leading case: King v. Commonwealth, 513 S.W.3d 919 (Ky. 2017).
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King v. Commonwealth, 513 S.W.3d 919 (Ky. 2017). · cites it 6× “This more difficult question arises because the third-degree arson statute, KRS 513.040, requires acting with two distinct mental states—one pertaining to the basic physical act of starting a fire and the other to the consequences of that act.”
Perdue v. Commonwealth, 916 S.W.2d 148 (Ky. 1996). · cites it 2× “As to appellant's claim that a third degree arson instruction should have been given, this, too, is without merit.”
Lawson v. Commonwealth, 53 S.W.3d 534 (Ky. 2001). “See KRS 513.040 ("A person is guilty of arson in the third degree if he wantonly causes destruction or damage to a building of his own or of another by intentionally starting a fire or causing an explosion.”
Collett v. Commonwealth, 686 S.W.2d 822 (Ky. Ct. App. 1984). “030 and KRS 513.040; theft by unlawful taking of property worth $100 or more, KRS 514.”
United States v. Mitchell, 218 F. Supp. 3d 360 (M.D. Penn. 2016). “05 (fourth degree); see also Ky. Rev. Stat. Ann. § 513.040 ; WYO. STAT.”
Jonathan Puckett v. Commonwealth of Kentucky (Ky. 2025). “030(1); KRS 513.040(1). Puckett claims he was entitled to an instruction on third-degree arson because the Commonwealth’s arson investigator could not rule out faulty wiring as the cause of the fire.”
— Ky. Rev. Stat. § 513.040(1) — 2 cases
King v. Commonwealth, 513 S.W.3d 919 (Ky. 2017). “This more difficult question arises because the third-degree arson statute, KRS 513.040, requires acting with two distinct mental states—one pertaining to the basic physical act of starting a fire and the other to the consequences of that act.”
Jonathan Puckett v. Commonwealth of Kentucky (Ky. 2025). “030(1); KRS 513.040(1). Puckett claims he was entitled to an instruction on third-degree arson because the Commonwealth’s arson investigator could not rule out faulty wiring as the cause of the fire.”
— Ky. Rev. Stat. § 513.040(l) — 1 case
King v. Commonwealth, 513 S.W.3d 919 (Ky. 2017). “This more difficult question arises because the third-degree arson statute, KRS 513.040, requires acting with two distinct mental states—one pertaining to the basic physical act of starting a fire and the other to the consequences of that act.”
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