A. Any person who willfully and maliciously sets fire to or burns, or by the use of any explosive device, accelerant, ignition
device, heat-producing device or substance, destroys in whole or in part, or causes to be burned or destroyed, or aids, counsels or procures the burning or destruction of any building or structure or contents thereof, inhabited or occupied by one or more persons, whether the property of that person or another, or who willfully and maliciously sets fire to or burns, or by the use of any explosive device, accelerant, ignition device, heat-producing device or substance causes a person to be burned, or aids, counsels or procures the burning of a person shall, upon conviction, be guilty of arson in the first degree, which is a Class A3 felony offense, and shall be punished by a fine not to exceed Twenty-five Thousand Dollars ($25,000.00), or by imprisonment in the custody of the Department of Corrections for not more than thirty-five (35) years, or by both such fine and imprisonment. B. Any person who, while manufacturing, attempting to manufacture or endeavoring to manufacture a controlled dangerous substance in violation of subsection G of Section 2-401 of Title 63 of the Oklahoma Statutes, destroys in whole or in part, or causes to be burned or destroyed, or aids, counsels or procures the burning or destruction of any building or contents thereof, inhabited or occupied by one or more persons whether the property of that person or another, or who while manufacturing or attempting to manufacture a controlled dangerous substance in violation of subsection G of Section 2-401 of Title 63 of the Oklahoma Statutes causes a person to be burned, or aids, counsels or procures the burning of a person shall, upon conviction, be guilty of arson in the first degree, which is a Class A3 felony offense, and shall be punished by a fine not to exceed Twenty-five Thousand Dollars ($25,000.00) and by imprisonment in the custody of the Department of Corrections for not more than thirty-five (35) years. Added by Laws 1967, c. 115, § 1, emerg. eff. April 25, 1967. Amended by Laws 1979, c. 165, § 1, emerg. eff. May 15, 1979; Laws 1996, c. 145, § 1, eff. Nov. 1, 1996; Laws 1997, c. 133, § 347, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 240, eff. July 1, 1999; Laws 2001, c. 28, § 1, eff. Nov. 1, 2001; Laws 2013, c. 136, § 1, eff. Nov. 1, 2013; Laws 2025, c. 486, § 41, eff. Jan. 1, 2026. NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 347 from July 1, 1998, to July 1, 1999.
Notes of Decisions
Cited in
25
cases, 1975–2017 · leading case:
Fairchild v. State, 1999 OK CR 49 (Okla. Crim. App. 2000).
Fairchild v. State, 1999 OK CR 49 (Okla. Crim. App. 2000).
· cites it 8× “2d at 544 (emphasis added); 21 O.S.1981, § 1401. We further held: "[A]rson is not a specific intent crime, and voluntary intoxication is available as a defense only when the crime with which the defendant is charged has as its mens rea element a specific criminal intent or a…”
Bosse v. State, 400 P.3d 834 (Okla. Crim. App. 2017).
· cites it 2× “For each of Counts I-III, the jury found that Bosse knowingly created a great risk of death to more than one person, that each murder was heinous, atrocious or cruel; and that each murder was committed for the purpose of avoiding or preventing a lawful arrest or prosecution.”
Browning v. State, 2006 OK CR 8 (Okla. Crim. App. 2006).
“2001, § 652(A); Count IV, Arson in the First Degree in violation of 21 O.S.2001, § 1401; and Count V Robbery with Firearms in violation of 21 O.”
Moore v. State, 761 P.2d 866 (Okla. Crim. App. 1988).
· cites it 2× “7 for the first count, and for the offense of Arson in the First Degree in violation of 21 O.S.1981, § 1401 for the second count.”
Jackson v. State, 2006 OK CR 45 (Okla. Crim. App. 2006).
“7(A), Count 2 First Degree Arson in violation of 21 O.S.Supp.1996, § 1401 and Count 3 Injury to a Minor Child in violation of 10 O.”
Kreijanovsky v. State, 706 P.2d 541 (Okla. Crim. App. 1985).
· cites it 2× “21 O.S.1981, § 1401 provides: Any person who willfully and maliciously sets fire to or burns or by the use of any explosive device or substance destroys in whole or in part, or causes to be burned or destroyed, or aids, counsels or procures the burning or destruction of any…”
Hicks v. Franklin, 546 F.3d 1279 (10th Cir. 2008).
“Okla. Stat. tit. 21 § 1401. The State faced a potential difficulty in carrying its burden of proof on this issue because the available testimony showed that the fire occurred approximately two hours after the manufacturing had been completed.”
Perryman v. State, 1999 OK CR 39 (Okla. Crim. App. 1999).
· cites it 2× “7(A)), Count TwoArson in the first degree (21 O.S.1991, § 1401) and Count Four-Larceny of a Motor Vehicle (21 O.”
Calhoun v. State, 820 P.2d 819 (Okla. Crim. App. 1991).
· cites it 2× “CRF-88-451, and First Degree Arson (21 O.S.1981, § 1401) in Case No. CRF-88-453, each After Former Conviction of Two or More Felonies.”
Bosse v. State, 2015 OK CR 14 (Okla. Crim. App. 2015).
“For each of Counts I-III, the jury found that Bosse knowingly created a great risk of death to more than one person, that each murder was heinous, atrocious or cruel; and that each murder was committed for the purpose of avoiding or preventing a lawful arrest or prosecution.”
Little v. State, 627 P.2d 445 (Okla. Crim. App. 1981).
· cites it 2× “OPINION BRETT, Presiding Judge: Appellants Little and Rogers were each convicted of two (2) counts of Arson in the First Degree and one (1) count of Arson in the Third Degree in the District Court of LeFlore County, in violation of 21 O.S.1971, §§ 1401 et seq., 1 Case No.…”
Bosse v. State, 2017 OK CR 19 (Okla. Crim. App. 2017).
“7(A); and Count IV, First Degree Arson in violation of 21 O.S.2001, § 1401(A), in the District Court of McClain County, Case No.”
— Okla. Stat. tit. 21, § 1401(A) — 6 cases
Bosse v. State, 400 P.3d 834 (Okla. Crim. App. 2017).
“For each of Counts I-III, the jury found that Bosse knowingly created a great risk of death to more than one person, that each murder was heinous, atrocious or cruel; and that each murder was committed for the purpose of avoiding or preventing a lawful arrest or prosecution.”
Bosse v. State, 2015 OK CR 14 (Okla. Crim. App. 2015).
“For each of Counts I-III, the jury found that Bosse knowingly created a great risk of death to more than one person, that each murder was heinous, atrocious or cruel; and that each murder was committed for the purpose of avoiding or preventing a lawful arrest or prosecution.”
Bosse v. State, 2017 OK CR 19 (Okla. Crim. App. 2017).
“7(A); and Count IV, First Degree Arson in violation of 21 O.S.2001, § 1401(A), in the District Court of McClain County, Case No.”
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