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Oregon Revised Statutes

Or. Rev. Stat. § 164.325 (2026)

Arson in the first degree

✓ current as of May 2026
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      164.325 Arson in the first degree. (1) A person commits the crime of arson in the first degree if:

      (a) By starting a fire or causing an explosion, the person intentionally damages:

      (A) Protected property of another;

      (B) Any property, whether the property of the person or the property of another person, and such act recklessly places another person in danger of physical injury or protected property of another in danger of damage; or

      (C) Any property, whether the property of the person or the property of another person, and recklessly causes serious physical injury to a firefighter or peace officer acting in the line of duty relating to the fire; or

      (b) By knowingly engaging in the manufacture of methamphetamine, the person causes fire or causes an explosion that damages property described in paragraph (a) of this subsection.

      (2) Arson in the first degree is a Class A felony. [1971 c.743 §144; 1991 c.946 §1; 2005 c.706 §4]

 

      164.330 [Repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 104 cases (26 in the last 5 years), 1973–2026 · leading case: State v. Luers, 153 P.3d 688 (Or. Ct. App. 2007).
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State v. Luers, 153 P.3d 688 (Or. Ct. App. 2007). · cites it 33× “Defendant was convicted of three counts of arson in the first degree, ORS 164.325; two counts of attempted arson in the first degree, ORS 161.”
State v. Gonzalez, 534 P.3d 289 (Or. Ct. App. 2023). · cites it 6× “At sentencing, defendant argued that the Ballot Measure 11 mandatory minimum 90-month sentence for first-degree arson would be unconstitutionally disproportionate as applied to her, in violation of Article I, section 16, of the Oregon Constitution and the Eighth and Fourteenth…”
State v. Moncada, 250 P.3d 31 (Or. Ct. App. 2011). · cites it 9× “In that case, the defendant was convicted of, inter alia, three counts of first-degree arson, ORS 164.325 (1999), 8 and two counts of attempted first-degree arson, ORS 161.”
State v. Crawford, 171 P.3d 974 (Or. Ct. App. 2007). · cites it 7× “ORS 164.325 (1999) 4 provided: “(1) A person commits the crime of arson in the first degree if, by starting a fire or causing an explosion, the person intentionally damages: *552 “(a) Protected property of another; “(b) Any property, whether the property of the person or the…”
State v. Leckenby, 117 P.3d 273 (Or. Ct. App. 2005). · cites it 5× “Defendant appeals his conviction for two counts of arson in the first degree, ORS 164.325, contending that the trial court erred in refusing to give a requested jury instruction on a lesser-included offense of reckless burning, ORS 164.”
State v. Montez, 789 P.2d 1352 (Or. 1990). · cites it 2× “[1] Defendant also was charged with Arson in the First Degree (ORS 164.325) and Abuse of a Corpse (ORS 166.”
State Ex Rel. Juv. Dep't v. Deford, 34 P.3d 673 (Or. Ct. App. 2001). · cites it 3× “ORS 164.325 provides, in relevant part, that a person commits first-degree arson: “(1) * * * [I]f, by starting a fire or causing an explosion, the person intentionally damages: "* * * * * “(b) Any property, whether the property of the person or the property of another person,…”
State v. Keys, 460 P.3d 1020 (Or. Ct. App. 2020). · cites it 3× “Whether or not that particular type of jurisdiction is labeled “subject matter jurisdiction,” it is the kind of jurisdiction that must exist for a court to try or convict a defendant and, like the absence of subject matter jurisdiction, its absence may be raised for the first…”
Burdge v. Palmateer, 112 P.3d 320 (Or. 2005). · cites it 2× “"(i) Arson in the first degree, as defined in ORS 164.325. "(j) Robbery in the first degree, as defined in ORS 164.”
State v. Travalini, 168 P.3d 1159 (Or. Ct. App. 2007). · cites it 4× “The statute under which defendant was convicted, ORS 164.325 (2003), amended by Or Laws 2005, ch 706, § 4, 3 provides: “(1) A person commits the crime of arson in the first degree if: “(a) By starting a fire or causing an explosion, the person intentionally damages: “(A)…”
State v. Whitley, 666 P.2d 1340 (Or. 1983). · cites it 5× “First degree arson is defined in ORS 164.325: “(1) A person commits the crime of arson in the first degree if, by starting a fire or causing an explosion, he intentionally damages: (a) Protected property of another; or (b) Any property, whether his own or another’s, and such act…”
State v. Azad Haji Abdullah, 348 P.3d 1 (Idaho 2015). “”), and Or.Rev.Stat. § 164.325 (“A person commits the crime of arson in the first degree if .”
Show all 104 citing cases →
— Or. Rev. Stat. § 164.325(1) — 6 cases
State v. Henson, 125 P.3d 1271 (Or. Ct. App. 2006).
State v. Monaco, 375 Or. 1 (Or. 2026).
State v. Sheppard, 581 P.2d 549 (Or. Ct. App. 1978).
State v. Mills, 273 P.3d 162 (Or. Ct. App. 2012).
State v. Stockett, 558 P.2d 1241 (Or. Ct. App. 1977).
— Or. Rev. Stat. § 164.325(1)(a) — 2 cases
State v. Underhill, 341 Or. App. 834 (Or. Ct. App. 2025).
State v. Monaco, 375 Or. 1 (Or. 2026).
— Or. Rev. Stat. § 164.325(1)(a)(A) — 5 cases
State v. McNall, 476 P.3d 1259 (Or. Ct. App. 2020).
State v. Underhill, 341 Or. App. 834 (Or. Ct. App. 2025).
State v. Dykstra, 479 P.3d 294 (Or. Ct. App. 2020).
State v. Galloway, 431 P.3d 432 (Or. Ct. App. 2018).
State v. Underhill, 341 Or. App. 834 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 164.325(1)(a)(B) — 6 cases
State v. Gonzalez, 534 P.3d 289 (Or. Ct. App. 2023). “At sentencing, defendant argued that the Ballot Measure 11 mandatory minimum 90-month sentence for first-degree arson would be unconstitutionally disproportionate as applied to her, in violation of Article I, section 16, of the Oregon Constitution and the Eighth and Fourteenth…”
Morehouse v. Haynes, 253 P.3d 1068 (Or. 2011).
State v. Mills, 273 P.3d 162 (Or. Ct. App. 2012).
State v. Dykstra, 479 P.3d 294 (Or. Ct. App. 2020).
State v. Gonzalez (Or. Ct. App. 2023).
— Or. Rev. Stat. § 164.325(1)(b) — 5 cases
State Ex Rel. Juv. Dep't v. Deford, 34 P.3d 673 (Or. Ct. App. 2001). “ORS 164.325 provides, in relevant part, that a person commits first-degree arson: “(1) * * * [I]f, by starting a fire or causing an explosion, the person intentionally damages: "* * * * * “(b) Any property, whether the property of the person or the property of another person,…”
State v. Haddon, 399 P.3d 458 (Or. Ct. App. 2017).
State v. Whitley, 666 P.2d 1340 (Or. 1983). “First degree arson is defined in ORS 164.325: “(1) A person commits the crime of arson in the first degree if, by starting a fire or causing an explosion, he intentionally damages: (a) Protected property of another; or (b) Any property, whether his own or another’s, and such act…”
State v. Nyhuis, 284 P.3d 1229 (Or. Ct. App. 2012).
State v. Mills, 273 P.3d 162 (Or. Ct. App. 2012).
— Or. Rev. Stat. § 164.325(2) — 1 case
State v. Haynes, 942 P.2d 295 (Or. Ct. App. 1997).
— Or. Rev. Stat. § 164.325(l)(a) — 4 cases
State v. Luers, 153 P.3d 688 (Or. Ct. App. 2007). “Defendant was convicted of three counts of arson in the first degree, ORS 164.325; two counts of attempted arson in the first degree, ORS 161.”
State v. Leckenby, 117 P.3d 273 (Or. Ct. App. 2005). “Defendant appeals his conviction for two counts of arson in the first degree, ORS 164.325, contending that the trial court erred in refusing to give a requested jury instruction on a lesser-included offense of reckless burning, ORS 164.”
State v. Gibson, 600 P.2d 962 (Or. Ct. App. 1979).
State of Washington v. Stephen George Hyrniak (Wash. Ct. App. 2016).
— Or. Rev. Stat. § 164.325(l)(a)(A) — 1 case
State v. Travalini, 168 P.3d 1159 (Or. Ct. App. 2007). “The statute under which defendant was convicted, ORS 164.325 (2003), amended by Or Laws 2005, ch 706, § 4, 3 provides: “(1) A person commits the crime of arson in the first degree if: “(a) By starting a fire or causing an explosion, the person intentionally damages: “(A)…”
— Or. Rev. Stat. § 164.325(l)(a)(B) — 3 cases
State v. Travalini, 168 P.3d 1159 (Or. Ct. App. 2007). “The statute under which defendant was convicted, ORS 164.325 (2003), amended by Or Laws 2005, ch 706, § 4, 3 provides: “(1) A person commits the crime of arson in the first degree if: “(a) By starting a fire or causing an explosion, the person intentionally damages: “(A)…”
State v. Mills, 273 P.3d 162 (Or. Ct. App. 2012).
State v. Jones, 347 P.3d 346 (Or. Ct. App. 2015).
— Or. Rev. Stat. § 164.325(l)(b) — 9 cases
State v. Luers, 153 P.3d 688 (Or. Ct. App. 2007). “Defendant was convicted of three counts of arson in the first degree, ORS 164.325; two counts of attempted arson in the first degree, ORS 161.”
State v. Moncada, 250 P.3d 31 (Or. Ct. App. 2011). “In that case, the defendant was convicted of, inter alia, three counts of first-degree arson, ORS 164.325 (1999), 8 and two counts of attempted first-degree arson, ORS 161.”
State v. Crawford, 171 P.3d 974 (Or. Ct. App. 2007). “ORS 164.325 (1999) 4 provided: “(1) A person commits the crime of arson in the first degree if, by starting a fire or causing an explosion, the person intentionally damages: *552 “(a) Protected property of another; “(b) Any property, whether the property of the person or the…”
State Ex Rel. Juv. Dep't v. Deford, 34 P.3d 673 (Or. Ct. App. 2001). “ORS 164.325 provides, in relevant part, that a person commits first-degree arson: “(1) * * * [I]f, by starting a fire or causing an explosion, the person intentionally damages: "* * * * * “(b) Any property, whether the property of the person or the property of another person,…”
State v. Whitley, 666 P.2d 1340 (Or. 1983). “First degree arson is defined in ORS 164.325: “(1) A person commits the crime of arson in the first degree if, by starting a fire or causing an explosion, he intentionally damages: (a) Protected property of another; or (b) Any property, whether his own or another’s, and such act…”
— Or. Rev. Stat. § 164.325(l)(c) — 1 case
State v. Luers, 153 P.3d 688 (Or. Ct. App. 2007). “Defendant was convicted of three counts of arson in the first degree, ORS 164.325; two counts of attempted arson in the first degree, ORS 161.”
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