Tennessee Code Annotated
Tenn. Code Ann. § 39-14-302 (2026)
Aggravated arson
✓ current as of May 2026
- (a) A person commits aggravated arson who commits arson as defined in § 39-14-301 or § 39-14-303:
- (1) When one (1) or more persons are present therein; or
- (2) When any person, including firefighters and law enforcement officials, suffers serious bodily injury as a result of the fire or explosion.
- (b) Aggravated arson is a Class A felony.
Acts 1989, ch. 591, § 1; 1997, ch. 284, § 2; 2005, ch. 353, § 15.
Notes of Decisions
Cited in 46
cases (2 in the last 5 years), 1997–2024 · leading case: State v. Nelson, 23 S.W.3d 270 (Tenn. 2000).
State v. Nelson, 23 S.W.3d 270 (Tenn. 2000). “Tenn.Code Ann. § 39-14-302(a)(2) (1997). The criminal code further defines “person” to include “the singular and plural and means and includes any individual.”
State v. Lewis, 44 S.W.3d 501 (Tenn. 2001). “§ 39-14-302(a). The statute therefore contemplates risk to human life.”
State of Tennessee v. Benjamin Foust, 482 S.W.3d 20 (Tenn. Crim. App. 2015). “” Tenn. Code Ann. § 39-14-303 (a)(2) (emphasis added).”
State v. Lewis, 958 S.W.2d 736 (Tenn. 1997). “The aggravated arson statute, Tenn.Code Ann. § 39-14-302(a) (1991), provides: A person commits an offense who commits arson as defined in § 39-14-301 or § 39-14— 303: (1) When one (1) or more persons are present therein; or (2) When any person, including firefighters and law…”
State v. Vaughan, 144 S.W.3d 391 (Tenn. Crim. App. 2003). “See Tenn.Code Ann. § 39-14-302(a)(1). The Defendant argues that the victim was dead at the time the fire was started, and there was therefore no "person" present in the structure at the time it was set aflame.”
State v. Caldwell, 977 S.W.2d 110 (Tenn. Crim. App. 1997). “Tennessee Code Annotated § 39-14-302 defines aggravated arson as arson plus committing the offense when one or more persons is present in the structure or when any person suffers serious bodily injury as a result of the fire.”
United States v. Carlos Fallins, 777 F.3d 296 (6th Cir. 2015). “Tenn.Code Ann. § 39-14-302. Arson is defined in two separate sections of the Tennessee Code: (1) § 39-14-301, which defines arson of a structure; and (2) § 39-14-303, which defines arson of personal property or real estate.”
State of Tennessee v. William Henry Vaughn, IV, 144 S.W.3d 391 (Tenn. Crim. App. 2003). “See Tenn. Code Ann. § 39-14-302 (a)(l). The Defendant argues that the victim was dead at the time the fire was started, and there was therefore no “person” present in the structure at the time it was set aflame.”
State of Tennessee v. Keesha P. Washington, 387 S.W.3d 595 (Tenn. Crim. App. 2012). “See T.C.A. § 39-14-302 (2010). She was sentenced as a Range I, violent offender to eighteen years’ confinement.”
State of Tennessee v. Mena Mekhaen Boutrous (Tenn. Crim. App. 2018). “” T.C.A. § 39-14-302. Here, in the light most favorable to the State, the proof established that Defendant went to Tornado Wireless to obtain a refund for the purchase of a cell phone.”
State of Tennessee v. Gene Shelton Rucker Jr. (Tenn. Crim. App. 2004). “Tenn. Code Ann. § 39-14-302 (2003). This statute embodies several alternative modes for committing aggravated arson.”
State of Tennessee v. Gene Shelton Rucker Jr. (Tenn. Crim. App. 2003). “Tenn. Code Ann. § 39-14-302 (2003). This statute embodies several alternative modes for committing aggravated arson.”
Tenn. Code Ann. § 39-14-302(a): 2 cases
State v. Lewis, 958 S.W.2d 736 (Tenn. 1997). “The aggravated arson statute, Tenn.Code Ann. § 39-14-302(a) (1991), provides: A person commits an offense who commits arson as defined in § 39-14-301 or § 39-14— 303: (1) When one (1) or more persons are present therein; or (2) When any person, including firefighters and law…”
State v. Lewis, 44 S.W.3d 501 (Tenn. 2001). “§ 39-14-302(a). The statute therefore contemplates risk to human life.”
Tenn. Code Ann. § 39-14-302(a)(1): 10 cases
State v. Vaughan, 144 S.W.3d 391 (Tenn. Crim. App. 2003). “See Tenn.Code Ann. § 39-14-302(a)(1). The Defendant argues that the victim was dead at the time the fire was started, and there was therefore no "person" present in the structure at the time it was set aflame.”
State of Tennessee v. Angela L. Smith (Tenn. Crim. App. 2018).
State of Tennessee v. Steven Dale Hill (Tenn. Crim. App. 2013).
State of Tennessee v. Reginald Fowler (Tenn. Crim. App. 2010).
State of Tennessee v.Michael A. Virga (Tenn. Crim. App. 2009).
Tenn. Code Ann. § 39-14-302(a)(2): 2 cases
State v. Nelson, 23 S.W.3d 270 (Tenn. 2000). “Tenn.Code Ann. § 39-14-302(a)(2) (1997). The criminal code further defines “person” to include “the singular and plural and means and includes any individual.”
State of Tennessee v. Benjamin Foust (Tenn. Crim. App. 2019).
Tenn. Code Ann. § 39-14-302(a)(l): 1 case
State v. Nelson, 23 S.W.3d 270 (Tenn. 2000). “Tenn.Code Ann. § 39-14-302(a)(2) (1997). The criminal code further defines “person” to include “the singular and plural and means and includes any individual.”
Tenn. Code Ann. § 39-14-302(b): 2 cases
State of Tennessee v. Mena Mekhaen Boutrous (Tenn. Crim. App. 2018). “” T.C.A. § 39-14-302. Here, in the light most favorable to the State, the proof established that Defendant went to Tornado Wireless to obtain a refund for the purchase of a cell phone.”
State of Tennessee v. Reginald Fowler (Tenn. Crim. App. 2010).
Tenn. Code Ann. § 39-14-302(b)(1): 2 cases
State of Tennessee v. Gene Shelton Rucker Jr. (Tenn. Crim. App. 2004). “Tenn. Code Ann. § 39-14-302 (2003). This statute embodies several alternative modes for committing aggravated arson.”
State of Tennessee v. Gene Shelton Rucker Jr. (Tenn. Crim. App. 2003). “Tenn. Code Ann. § 39-14-302 (2003). This statute embodies several alternative modes for committing aggravated arson.”
Tenn. Code Ann. § 39-14-302(b)(l): 1 case
State v. Lewis, 44 S.W.3d 501 (Tenn. 2001). “§ 39-14-302(a). The statute therefore contemplates risk to human life.”
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