Any person who willfully and maliciously sets fire to or burns or by the use of any explosive device or substance or 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 destroys in whole or in part, or causes to be burned or destroyed, or aids, counsels or procures the burning or destruction of any uninhabited or unoccupied building or structure
or contents thereof, whether the property of himself or another, shall be guilty of arson in the second degree, which is a Class B2 felony offense, and upon conviction thereof shall be punished by a fine not to exceed Twenty Thousand Dollars ($20,000.00) or be confined in the State Penitentiary for not more than twenty-five (25) years or both. Added by Laws 1967, c. 115, § 2, emerg. eff. April 25, 1967. Amended by Laws 1979, c. 165, § 2, emerg. eff. May 15, 1979; Laws 1997, c. 133, § 348, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 241, eff. July 1, 1999; Laws 2001, c. 28, § 2, eff. Nov. 1, 2001; Laws 2025, c. 486, § 76, eff. Jan. 1, 2026. NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 348 from July 1, 1998, to July 1, 1999.
Notes of Decisions
Cited in
6
cases, 1972–1992 · leading case:
Honeycutt v. State, 834 P.2d 993 (Okla. Crim. App. 1992).
Honeycutt v. State, 834 P.2d 993 (Okla. Crim. App. 1992).
· cites it 2× “OPINION JOHNSON, Judge: John Honeycutt, appellant, was tried by jury for the crime of Second Degree Arson in violation of 21 O.S.1981, § 1402, in Case No. CRF-87-18 in the District Court of Craig County.”
Kreijanovsky v. State, 706 P.2d 541 (Okla. Crim. App. 1985).
“) 21 O.S.1981, § 1402 reads as follows: Any person (vho willfully and maliciously sets fire to or burns or by the use of any explosive deyice or substance destroys in whole or in ¿art, or causes to be burned or destroyed, or aids, counsels or procures the burning or destruction…”
West v. State, 764 P.2d 528 (Okla. Crim. App. 1988).
“OPINION BRETT, Presiding Judge: Appellant, Jim Earl West, was tried by jury for the crime of Arson in the Second Degree in violation of 21 O.S.1981, § 1402 in Case No. CRF-84-41 in the District Court of Pottawatomie County.”
Case v. State, 519 P.2d 523 (Okla. Crim. App. 1974).
“CRF-72-11, for the offense of Arson in the Second Degree in violation of 21 O.S.1971, § 1402. His punishment was fixed at a fine of twelve thousand dollars ($12,000) in accordance with the verdict of the jury and a timely appeal has been perfected to this Court.”
Allen v. State, 560 P.2d 1030 (Okla. Crim. App. 1977).
“CRF-75-13, of the crime of Second Degree Arson, in violation of 21 O.S.1971, § 1402. The jury fixed his punishment at five (5) years in the custody and control of the Department of Corrections of the State of Oklahoma and from this judgment and sentence the defendant has…”
Berry v. State, 499 P.2d 934 (Okla. Crim. App. 1972).
· cites it 2× “' Defendant was charged under the provisions of 21 O.S. § 1402, which provides as follows: “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…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.