569.050. Arson in the second degree — penalty. — 1. A person commits the offense of arson in the second degree if he or she knowingly damages a building or inhabitable structure by starting a fire or causing an explosion.
2. A person does not commit an offense under this section if:
(1) No person other than himself or herself has a possessory, proprietary or security interest in the damaged building, or if other persons have those interests, all of them consented to his or her conduct; and
(2) The person's sole purpose was to destroy or damage the building for a lawful and proper purpose.
3. The defendant shall have the burden of injecting the issue under subsection 2 of this section.
4. The offense of arson in the second degree is a class D felony unless a person has suffered serious physical injury or has died as a result of the fire or explosion, in which case it is a class B felony.
Notes of Decisions
Cited in
81
cases (
2 in the last 5 years), 1978–2023 · leading case:
State v. Wolf, 91 S.W.3d 636 (Mo. Ct. App. 2002).
State v. Wolf, 91 S.W.3d 636 (Mo. Ct. App. 2002).
· cites it 4× “015; and arson in the second degree, § 569.050. The appellant was sentenced to concurrent sentences in the Missouri Department of Corrections of life, without the possibility of parole, for first-degree murder; life for *639 ACA; and seven years for second-degree arson.”
State v. Weems, 800 S.W.2d 54 (Mo. Ct. App. 1990).
· cites it 6× “Defendant was charged with the crime of arson in the second degree in violation of § 569.050 RSMo 1986 which provides in part: A person commits the crime of arson in the second degree when he knowingly damages a building or inhabitable structure by starting a fire or causing an…”
State v. Kelley, 901 S.W.2d 193 (Mo. Ct. App. 1995).
· cites it 8× “Kelley appeals his convictions, following jury trial, of six counts of arson in the second degree, § 569.050, RSMo 1994, three counts of arson in the first degree, § 569.”
State v. Harris, 639 S.W.2d 122 (Mo. Ct. App. 1982).
· cites it 4× “Appeal from a jury conviction of second degree arson, § 569.050, RSMo.1978. The jury assessed a fine of $5,000.”
State v. Steidley, 533 S.W.3d 762 (Mo. Ct. App. 2017).
· cites it 2× “The State charged Steidley with one count of arson in the second degree pursuant to section 569.050. 2 After a jury trial in January 2014, the trial court ordered a new trial for issues unrelated to this appeal.”
State v. Galvan, 798 S.W.2d 185 (Mo. Ct. App. 1990).
· cites it 6× “030, RSMo 1986, and one count of second degree arson, Section 569.050, RSMo 1986. He was sentenced as a prior offender to a term of five years imprisonment on each burglary count, with the stealing sentences to run concurrently and the arson sentence to run consecutively with…”
State v. Mitchell, 563 S.W.2d 18 (Mo. 1978).
· cites it 2× “040; arson in the second degree, 7 years or less, § 569.050; burglary in the first degree, 5-15 years, § 569.”
State v. Edberg, 185 S.W.3d 290 (Mo. Ct. App. 2006).
· cites it 2× “Sheryl Edberg (“Appellant”) was charged by amended information with arson in the second degree in violation of section 569.050. 1 The information alleged that on or about March 7, 2003, Appellant knowingly damaged a building, consisting of a garage, owned by Ronald Schroeder and…”
State v. Pullen, 843 S.W.2d 360 (Mo. 1992).
· cites it 2× “040, RSMo 1986; and arson in the second degree, § 569.050, RSMo 1986. The court severed the charge of murder in the first degree from the remaining eight counts.”
State v. Stewart, 850 S.W.2d 916 (Mo. Ct. App. 1993).
· cites it 5× “Stewart appeals from his conviction for arson in the second degree, § 569.050, RSMo Cum.Supp.1989, for which *918 he was sentenced, as a prior and persistent offender, to fifteen years imprisonment.”
State v. Bolds, 913 S.W.2d 393 (Mo. Ct. App. 1996).
· cites it 3× “Larry Bolds appeals his conviction of arson in the second degree, section 569.050 RSMo 1994, after a jury trial and his sentence of four years incarceration.”
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