569.040. Arson in the first degree — penalty. — 1. A person commits the offense of arson in the first degree if he or she:
(1) Knowingly damages a building or inhabitable structure, and when any person is then present or in near proximity thereto, by starting a fire or causing an explosion and thereby recklessly places such person in danger of death or serious physical injury; or
(2) By starting a fire or explosion, damages a building or inhabitable structure in an attempt to produce methamphetamine.
2. The offense of arson in the first degree is a class B felony unless a person has suffered serious physical injury or has died as a result of the fire or explosion set by the person or as a result of a fire or explosion started in an attempt by the person to produce methamphetamine, in which case arson in the first degree is a class A felony.
Notes of Decisions
Cited in
57
cases (
2 in the last 5 years), 1978–2025 · leading case:
Fee v. State, 283 S.W.3d 296 (Mo. Ct. App. 2009).
Fee v. State, 283 S.W.3d 296 (Mo. Ct. App. 2009).
· cites it 14× “021, RSMo 2000, one count of class A felony of arson in the first degree, Section 569.040, RSMo Cum.Supp. 2007, and one count of class B felony of attempt to produce a controlled substance, methamphetamine, Section 195.”
State v. Bowles, 754 S.W.2d 902 (Mo. Ct. App. 1988).
· cites it 7× “Section 569.040. There is no requirement that appellant know that a human being is in the house.”
State v. Kelley, 901 S.W.2d 193 (Mo. Ct. App. 1995).
· cites it 8× “050, RSMo 1994, three counts of arson in the first degree, § 569.040, RSMo 1994, and three counts of tampering in the first degree, § 569.”
State v. Sanchez, 186 S.W.3d 260 (Mo. 2006).
· cites it 2× “1(4), and section 569.040, respectively. All statutory citations are to RSMo 2000.”
Guynes v. State, 191 S.W.3d 80 (Mo. Ct. App. 2006).
· cites it 3× “Guynes was charged with two counts of criminal nonsupport, Section 569.040 RSMo 2000, 1 and unlawful use of a weapon, Section 571.”
State v. Mitchell, 563 S.W.2d 18 (Mo. 1978).
· cites it 2× “030; arson in the first degree, 5-15 years, § 569.040; arson in the second degree, 7 years or less, § 569.”
State v. O'HAVER, 33 S.W.3d 555 (Mo. Ct. App. 2000).
· cites it 3× “021, 1 and first degree arson, § 569.040. O’Haver raises three points on appeal.”
Gooch v. State, 353 S.W.3d 662 (Mo. Ct. App. 2011).
· cites it 3× “Factual and Procedural Background Movant was charged with one count of arson in the first degree, see section 569.040, RSMo Cum.Supp.2005. The State’s Information alleged that *664 on or about the 29th day of March, 2008, .”
State v. Gullett, 606 S.W.2d 796 (Mo. Ct. App. 1980).
· cites it 2× “Many perhaps most, of the sections of The Criminal Code defining the substantive elements of a criminal offense are couched in terms such as "he knowingly damages a building", § 569.040, or acts "with the purpose", § 570.”
State v. Pullen, 843 S.W.2d 360 (Mo. 1992).
· cites it 2× “030, RSMo 1986; arson in the *362 first degree, § 569.040, RSMo 1986; and arson in the second degree, § 569.”
State v. Hubbard, 698 S.W.2d 908 (Mo. Ct. App. 1985).
· cites it 6× “HUBBARD, in violation of Section 569.040, RSMo, committed the class B felony of arson in the first degree, punishable upon conviction under Section 558.”
State of Missouri, Plaintiff-respondent v. Richard S. Bumbery, 492 S.W.3d 656 (Mo. Ct. App. 2016).
“Richard Bumbery (Defendant) was charged by felony information with the class'B felony of arson in the first degree in violation of § 569.040. 1 This charge involved a December 2010 fire that destroyed, a building at which Defendant’s employer, Bolivar Insulation Company (Bolivar…”
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