Oklahoma Statutes

Okla. Stat. tit. 21, § 1403 (2026)

Arson in the third degree

✓ current as of July 2026
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A. 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 of any property whatsoever, including automobiles, trucks, trailers, motorcycles, boats, standing farm crops, pasture lands, forest lands, or any other property not herein specifically named, such property being worth not less than Fifty Dollars ($50.00), whether the property of himself or another, shall be guilty of arson in the third degree, a Class C1 felony offense, and upon conviction thereof shall be punished by a fine not to exceed Ten Thousand Dollars ($10,000.00), or be confined as provided for in subsections B through E of Section 20L of Title 21 of the Oklahoma Statutes. B. Any person who willfully and maliciously, and with intent to injure or defraud the insurer, sets fire to or burns or by 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 building, property, or other chattels, whether the property of himself or another, which shall at the time be insured against loss or damage by fire or explosion, shall be guilty of arson in the third degree, a Class B3 felony offense, and upon conviction thereof shall be punished by a fine not to exceed Ten Thousand Dollars ($10,000.00) or be confined in the State Penitentiary for not more than fifteen (15) years or both. Added by Laws 1967, c. 115, § 3, emerg. eff. April 25, 1967. Amended by Laws 1979, c. 165, § 3, emerg. eff. May 15, 1979; Laws 1997, c. 133, § 349, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 242, eff. July 1, 1999; Laws 2025, c. 486, § 85, eff. Jan. 1, 2026. NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 349 from July 1, 1998, to July 1, 1999.

Notes of Decisions
Cited in 12 cases, 1988–2010 · leading case: Hain v. State, 919 P.2d 1130 (Okla. Crim. App. 1996).
Hain v. State, 919 P.2d 1130 (Okla. Crim. App. 1996). · cites it 2× “1981, § 801), one count of Third Degree Arson (21 O.S.1981, § 1403), and two counts of Larceny of an Automobile ( 21 O.”
Cannon v. State, 904 P.2d 89 (Okla. Crim. App. 1995). · cites it 2× “7, Third Degree Arson in violation of 21 O.S.1981, § 1403(A), First Degree Rape in violation of 21 O.”
Barnett v. State, 853 P.2d 226 (Okla. Crim. App. 1993). · cites it 2× “As to his conviction for Arson in the Third Degree, appellant contends that reversal is required because the State failed to prove that the vehicle burned was worth at least fifty (50) dollars, as is required by 21 O.”
LaFevers v. State, 897 P.2d 292 (Okla. Crim. App. 1995). · cites it 2× “7, and Third Degree Arson in violation of 21 O.S.1981, § 1403(A), After Former Conviction of a Felony.”
United States v. Javier Velasquez-Reyes, A.K.A. Javier Alvarado-Hernandez, 427 F.3d 1227 (9th Cir. 2005). “03 (West 2005); Okla. Stat. tit. 21, § 1403 (2005); Or.Rev.”
United States v. Knight, 606 F.3d 171 (4th Cir. 2010). “03(A)(5); Okla. Stat. tit. 21, § 1403 (A); S.C.Code Ann.”
Cannon v. State, 933 P.2d 926 (Okla. Crim. App. 1997). · cites it 2× “7(A); Third Degree Arson, in violation of 21 O.S.1981, § 1403(A); First Degree Rape, in violation of 21 O.”
Jackson v. State, 818 P.2d 910 (Okla. Crim. App. 1991). · cites it 5× “CRF 87-102, for the offense of Third Degree Arson, After Former Conviction of a Felony in violation of 21 O.S.1981, § 1403, and sentenced to eleven (11) years imprisonment.”
Plantz v. State, 876 P.2d 268 (Okla. Crim. App. 1994). “7; Third Degree Arson (Count II) in violation of 21 O.S.1981, § 1403(A); Solicitation to Commit Murder (Count III) in violation of 21 O.”
United States v. Velez-Alderete, 569 F.3d 541 (5th Cir. 2009). “03 ("any property of another without the other person’s consent”); Okla. Stat. Ann. tit. 21, § 1403 ("any property whatsoever, including automobiles .”
Moore v. State, 761 P.2d 866 (Okla. Crim. App. 1988). “Similarly the appellant was not entitled to an instruction on Third Degree Arson under 21 O.S.1981, § 1403. The evidence at trial established the elements of First Degree Arson, under 21 O.”
United States v. Velasquez-Reyes (9th Cir. 2005). “03 (West 2005); Okla. Stat. tit. 21, § 1403 (2005); Or. Rev.”
— Okla. Stat. tit. 21, § 1403(A) — 6 cases
Cannon v. State, 904 P.2d 89 (Okla. Crim. App. 1995). “7, Third Degree Arson in violation of 21 O.S.1981, § 1403(A), First Degree Rape in violation of 21 O.”
LaFevers v. State, 897 P.2d 292 (Okla. Crim. App. 1995). “7, and Third Degree Arson in violation of 21 O.S.1981, § 1403(A), After Former Conviction of a Felony.”
Cannon v. State, 933 P.2d 926 (Okla. Crim. App. 1997). “7(A); Third Degree Arson, in violation of 21 O.S.1981, § 1403(A); First Degree Rape, in violation of 21 O.”
Barnett v. State, 853 P.2d 226 (Okla. Crim. App. 1993). “As to his conviction for Arson in the Third Degree, appellant contends that reversal is required because the State failed to prove that the vehicle burned was worth at least fifty (50) dollars, as is required by 21 O.”
Plantz v. State, 876 P.2d 268 (Okla. Crim. App. 1994). “7; Third Degree Arson (Count II) in violation of 21 O.S.1981, § 1403(A); Solicitation to Commit Murder (Count III) in violation of 21 O.”
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