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Ohio Revised Code

Ohio Rev. Code § 2909.03 (2026)

Arson

✓ current as of May 2026
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Effective:
March 21, 2017
Latest Legislation:
House Bill 185 - 131st General Assembly
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(A) No person, by means of fire or explosion, shall knowingly do any of the following:

(1) Cause, or create a substantial risk of, physical harm to any property of another without the other person's consent;

(2) Cause, or create a substantial risk of, physical harm to any property of the offender or another, with purpose to defraud;

(3) Cause, or create a substantial risk of, physical harm to the statehouse or a courthouse, school building, or other building or structure that is owned or controlled by the state, any political subdivision, or any department, agency, or instrumentality of the state or a political subdivision, and that is used for public purposes;

(4) Cause, or create a substantial risk of, physical harm, through the offer or the acceptance of an agreement for hire or other consideration, to any property of another without the other person's consent or to any property of the offender or another with purpose to defraud;

(5) Cause, or create a substantial risk of, physical harm to any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by another person, the state, or a political subdivision without the consent of the other person, the state, or the political subdivision;

(6) With purpose to defraud, cause, or create a substantial risk of, physical harm to any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by the offender, another person, the state, or a political subdivision.

(B) No person, by means of fire or explosion, shall knowingly do any of the following:

(1) Cause, or create a substantial risk of, physical harm to any structure of another that is not an occupied structure ;

(2) Cause, or create a substantial risk of, physical harm, through the offer or the acceptance of an agreement for hire or other consideration, to any structure of another that is not an occupied structure ;

(3) Cause, or create a substantial risk of, physical harm to any structure that is not an occupied structure and that is in or on any park, preserve, wildlands, brush-covered land, cut- over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by another person, the state, or a political subdivision.

(C) (1) It is an affirmative defense to a charge under division (B) (1) or (2) of this section that the defendant acted with the consent of the other person.

(2) It is an affirmative defense to a charge under division (B)(3) of this section that the defendant acted with the consent of the other person, the state, or the political subdivision.

(D)(1) Whoever violates this section is guilty of arson.

(2) A violation of division (A)(1) or (B) (1) of this section is one of the following:

(a) Except as otherwise provided in division (D)(2)(b) of this section, a misdemeanor of the first degree;

(b) If the value of the property or the amount of the physical harm involved is one thousand dollars or more, a felony of the fourth degree.

(3) A violation of division (A)(2), (3), (5), or (6) or (B) (3) of this section is a felony of the fourth degree.

(4) A violation of division (A)(4) or (B) (2) of this section is a felony of the third degree.
Notes of Decisions
Cited in 130 cases (40 in the last 5 years), 1982–2026 · leading case: State v. Nelson (Slip Opinion), 2020 Ohio 3690 (Ohio 2020).
Sort: Relevance Newest Treatment
State v. Nelson (Slip Opinion), 2020 Ohio 3690 (Ohio 2020). · cites it 2× “As for Nelson, he could get a 34-month prison term for violating his community control if he commits murder or if he talks to a woman who his supervising officer thinks is bad news, but he could get no more than a 180-day prison term if he commits arson under R.C.…”
State v. Saah, 585 N.E.2d 999 (Ohio Ct. App. 1990). · cites it 5× “The defendant appeals from his jury trial convictions for arson of another’s property (see R.C. 2909.03[A][1]) and arson with purpose to defraud (see R.”
State v. Jones, 2023 Ohio 380 (Ohio Ct. App. 2023). · cites it 3× “02(A)(2), a second-degree felony (Count 4); one count of arson in violation of R.C. 2909.03(A)(1), a fourth-degree felony (Count 5) and one count of domestic violence in violation of R.”
State v. Sheline, 2019 Ohio 528 (Ohio Ct. App. 2019). “{¶27} The state filed a notice of intent to use other acts evidence in which it asserted that it intended to introduce evidence at trial related to appellant’s relationship with Judith Spang (“Judith”) and his 1989 conviction in Lucas County2 for arson, in violation of R.C.…”
State v. Fabian (Ohio Ct. App. 2026). · cites it 8× “02(A)(2), second-degree felonies; and five counts of arson (harm to property of another having a value of $1,000 or more) in violation of R.C. 2909.03(A)(1), fourth-degree felonies.”
State v. Parks, 2024 Ohio 5026 (Ohio Ct. App. 2024). · cites it 4× “11(A), “When a person is charged with a violation of division (A)(1) or (B)(1) of section 2909.03 of the Revised Code involving property value or an amount of physical harm of one thousand dollars or more .”
State v. Bock, 474 N.E.2d 1228 (Ohio Ct. App. 1984). · cites it 2× “If it is not an occupied structure, the perpetrator may only be found guilty of “arson” per R.C. 2909.03, which speaks of creating by fire or explosion a substantial risk of harm “* * * to any property * * The assignment of error asserts that the subject residence *149 was not…”
State v. Bates, 2013 Ohio 3565 (Ohio Ct. App. 2013). · cites it 8× “] {¶10} The offense of arson is defined in R.C. 2909.03(A), which provides in relevant part: No person, by means of fire or explosion, shall knowingly do any of the following: (1) Cause, or create a substantial risk of, physical harm to any property of another without the other…”
United States v. Javier Velasquez-Reyes, A.K.A. Javier Alvarado-Hernandez, 427 F.3d 1227 (9th Cir. 2005). “1-21-01 (2005); Ohio Rev.Code Ann. § 2909.03 (West 2005); Okla.”
United States v. Knight, 606 F.3d 171 (4th Cir. 2010). “§ 2C:17-1(a)(5) & (f); Ohio Rev.Code Ann. § 2909.03(A)(5); Okla.”
State v. Blatnik, 478 N.E.2d 1016 (Ohio Ct. App. 1984). “02 (aggravated arson), R.C. 2909.03 (arson), R.C. 2909.04 (disrupting public services), R.”
State v. Daniel, 2022 Ohio 1348 (Ohio Ct. App. 2022). · cites it 3× “{¶ 3} On November 12, 2019, appellant was indicted on one count of aggravated arson in violation of R.C. 2909.03(A)(1), (B)(1), and (B)(2), a felony of the first degree (“Count 1”), and one count of aggravated arson in violation of R.”
Show all 130 citing cases →
— Ohio Rev. Code § 2909.03(A) — 2 cases
State v. Saah, 585 N.E.2d 999 (Ohio Ct. App. 1990). “The defendant appeals from his jury trial convictions for arson of another’s property (see R.C. 2909.03[A][1]) and arson with purpose to defraud (see R.”
State v. Bates, 2013 Ohio 3565 (Ohio Ct. App. 2013). “] {¶10} The offense of arson is defined in R.C. 2909.03(A), which provides in relevant part: No person, by means of fire or explosion, shall knowingly do any of the following: (1) Cause, or create a substantial risk of, physical harm to any property of another without the other…”
— Ohio Rev. Code § 2909.03(A)(1) — 67 cases
State v. Jones, 2023 Ohio 380 (Ohio Ct. App. 2023). “02(A)(2), a second-degree felony (Count 4); one count of arson in violation of R.C. 2909.03(A)(1), a fourth-degree felony (Count 5) and one count of domestic violence in violation of R.”
State v. Fabian (Ohio Ct. App. 2026). “02(A)(2), second-degree felonies; and five counts of arson (harm to property of another having a value of $1,000 or more) in violation of R.C. 2909.03(A)(1), fourth-degree felonies.”
United States v. Jones, 673 F.3d 497 (6th Cir. 2012).
State v. Love, 2014 Ohio 437 (Ohio Ct. App. 2014).
State v. Lett, 825 N.E.2d 1158 (Ohio Ct. App. 2005).
— Ohio Rev. Code § 2909.03(A)(1)(B)(2) — 7 cases
State v. Barnette, 2014 Ohio 5673 (Ohio Ct. App. 2014).
State v. Barnette, 2024 Ohio 2870 (Ohio Ct. App. 2024).
State ex rel. Barnette v. Sweeney, 2022 Ohio 3425 (Ohio Ct. App. 2022).
Barnette v. Bunting (N.D. Ohio 2024).
Barnette v. May (N.D. Ohio 2024).
— Ohio Rev. Code § 2909.03(A)(2) — 12 cases
State v. Bock, 474 N.E.2d 1228 (Ohio Ct. App. 1984). “If it is not an occupied structure, the perpetrator may only be found guilty of “arson” per R.C. 2909.03, which speaks of creating by fire or explosion a substantial risk of harm “* * * to any property * * The assignment of error asserts that the subject residence *149 was not…”
State v. Parker, 2019 Ohio 830 (Ohio Ct. App. 2019).
State v. Saah, 585 N.E.2d 999 (Ohio Ct. App. 1990). “The defendant appeals from his jury trial convictions for arson of another’s property (see R.C. 2909.03[A][1]) and arson with purpose to defraud (see R.”
State v. Wolf, 891 N.E.2d 358 (Ohio Ct. App. 2008).
State v. J.K., 2011 Ohio 5675 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2909.03(A)(3) — 2 cases
In Re R.W.J., 798 N.E.2d 1206 (Ohio Ct. App. 2003).
State v. Parker, 2019 Ohio 830 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2909.03(A)(4) — 8 cases
State v. Holdcroft, 2010 Ohio 6262 (Ohio Ct. App. 2010).
State v. Dingus, 2017 Ohio 2619 (Ohio Ct. App. 2017).
State v. Parks, 455 N.E.2d 498 (Ohio Ct. App. 1982).
State v. Holdcroft, 2012 Ohio 3066 (Ohio Ct. App. 2012).
State v. Holdcroft, 2010 Ohio 4290 (Ohio Ct. App. 2010).
— Ohio Rev. Code § 2909.03(A)(5) — 1 case
United States v. Knight, 606 F.3d 171 (4th Cir. 2010). “§ 2C:17-1(a)(5) & (f); Ohio Rev.Code Ann. § 2909.03(A)(5); Okla.”
— Ohio Rev. Code § 2909.03(AX4) — 1 case
State v. Fath, 5 Ohio App. Unrep. 212 (Ohio Ct. App. 1990).
— Ohio Rev. Code § 2909.03(B)(1) — 6 cases
State v. Daniel, 2023 Ohio 4035 (Ohio 2023).
State v. Daniel, 2022 Ohio 1348 (Ohio Ct. App. 2022). “{¶ 3} On November 12, 2019, appellant was indicted on one count of aggravated arson in violation of R.C. 2909.03(A)(1), (B)(1), and (B)(2), a felony of the first degree (“Count 1”), and one count of aggravated arson in violation of R.”
State v. Hunter, 2021 Ohio 1714 (Ohio Ct. App. 2021).
State v. Dawson, 2023 Ohio 1965 (Ohio Ct. App. 2023).
Kirby v. Warden, London Corr. Inst. (S.D. Ohio 2022).
— Ohio Rev. Code § 2909.03(B)(2)(a) — 1 case
State v. Bates, 2013 Ohio 3565 (Ohio Ct. App. 2013). “] {¶10} The offense of arson is defined in R.C. 2909.03(A), which provides in relevant part: No person, by means of fire or explosion, shall knowingly do any of the following: (1) Cause, or create a substantial risk of, physical harm to any property of another without the other…”
— Ohio Rev. Code § 2909.03(B)(2)(b) — 1 case
State v. Bates, 2013 Ohio 3565 (Ohio Ct. App. 2013). “] {¶10} The offense of arson is defined in R.C. 2909.03(A), which provides in relevant part: No person, by means of fire or explosion, shall knowingly do any of the following: (1) Cause, or create a substantial risk of, physical harm to any property of another without the other…”
— Ohio Rev. Code § 2909.03(B)(3) — 1 case
State v. Gaeth, 2022 Ohio 2906 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2909.03(D)(2)(a) — 3 cases
State v. Nelson (Slip Opinion), 2020 Ohio 3690 (Ohio 2020). “As for Nelson, he could get a 34-month prison term for violating his community control if he commits murder or if he talks to a woman who his supervising officer thinks is bad news, but he could get no more than a 180-day prison term if he commits arson under R.C.…”
State v. Fabian (Ohio Ct. App. 2026). “02(A)(2), second-degree felonies; and five counts of arson (harm to property of another having a value of $1,000 or more) in violation of R.C. 2909.03(A)(1), fourth-degree felonies.”
State v. Parks, 2024 Ohio 5026 (Ohio Ct. App. 2024). “11(A), “When a person is charged with a violation of division (A)(1) or (B)(1) of section 2909.03 of the Revised Code involving property value or an amount of physical harm of one thousand dollars or more .”
— Ohio Rev. Code § 2909.03(D)(2)(b) — 2 cases
State v. Mogle, 2021 Ohio 1741 (Ohio Ct. App. 2021).
State v. Dawson, 2023 Ohio 1965 (Ohio Ct. App. 2023).
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