Sec. 28.02. ARSON. (a) A person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage:
(1) any vegetation, fence, or structure on open-space land; or
(2) any building, habitation, or vehicle:
(A) knowing that it is within the limits of an incorporated city or town;
(B) knowing that it is insured against damage or destruction;
(C) knowing that it is subject to a mortgage or other security interest;
(D) knowing that it is located on property belonging to another;
(E) knowing that it has located within it property belonging to another; or
(F) when the person is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another.
(a-1) A person commits an offense if the person recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture a controlled substance and the fire or explosion damages any building, habitation, or vehicle.
(a-2) A person commits an offense if the person intentionally starts a fire or causes an explosion and in so doing:
(1) recklessly damages or destroys a building belonging to another; or
(2) recklessly causes another person to suffer bodily injury or death.
(b) It is an exception to the application of Subsection (a)(1) that the fire or explosion was a part of the controlled burning of open-space land.
(c) It is a defense to prosecution under Subsection (a)(2)(A) that prior to starting the fire or causing the explosion, the actor obtained a permit or other written authorization granted in accordance with a city ordinance, if any, regulating fires and explosions.
(d) An offense under Subsection (a) is a felony of the second degree, except that the offense is a felony of the first degree if it is shown on the trial of the offense that:
(1) bodily injury or death was suffered by any person by reason of the commission of the offense; or
(2) the property intended to be damaged or destroyed by the actor was a habitation or a place of assembly or worship.
(e) An offense under Subsection (a-1) is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that bodily injury or death was suffered by any person by reason of the commission of the offense.
(f) An offense under Subsection (a-2) is a state jail felony.
(g) If conduct that constitutes an offense under Subsection (a-1) or that constitutes an offense under Subsection (a-2) also constitutes an offense under another subsection of this section or another section of this code, the actor may be prosecuted under Subsection (a-1) or Subsection (a-2), under the other subsection of this section, or under the other section of this code.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1216, ch. 588, Sec. 2, eff. Sept. 1, 1979; Acts 1981, 67th Leg., p. 1837, ch. 425, Sec. 1, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 31, Sec. 2, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1006, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 976, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 960 (H.B. 1634), Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1168 (H.B. 3224), Sec. 1, eff. September 1, 2009.
Notes of Decisions
Cited in
225
cases (
36 in the last 5 years), 1979–2025 · leading case:
Merritt, Ryan Rashad, 368 S.W.3d 516 (Tex. Crim. App. 2012).
Merritt, Ryan Rashad, 368 S.W.3d 516 (Tex. Crim. App. 2012).
· cites it 3× “Tex. Penal Code § 28.02(a). 3 . Cornell testified that there were some timing inconsistencies in Appellant’s statement: [I]n the first part of the paragraph, he sat around his house drinking for four or five hours, "Then we decided to take off riding at about 10:30.”
Orr v. State, 306 S.W.3d 380 (Tex. App.—Fort Worth 2010).
· cites it 4× “Tex. Penal Code Ann. § 28.02 (a)(2)(A). The offense is a first-degree felony if a person suffers bodily injury or death "by reason of the commission of the offense.”
Lozano v. State, 860 S.W.2d 152 (Tex. App.—Austin 1993).
· cites it 5× “Tex. Penal Code Ann. § 28.02 (a) (West Supp.”
United States v. Knight, 606 F.3d 171 (4th Cir. 2010).
· cites it 2× “2 defines “crime of violence” as “burglary of a dwelling, arson, or extortion, [a crime that] involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.”
Loredo v. State, 130 S.W.3d 275 (Tex. App.—Houston [14th Dist.] 2004).
· cites it 3× “Tex. Pen.Code Ann. § 28.02 (Vernon 1994); see Act of May 29, 1993, 75th Leg.”
Drake v. State, 123 S.W.3d 596 (Tex. App.—Houston [14th Dist.] 2003).
· cites it 2× “See Tex. Pen.Code Ann. § 28.02(a)(2) (Vernon 2003).”
Campbell v. State, 5 S.W.3d 693 (Tex. Crim. App. 1999).
· cites it 2× “, Texas Penal Code section 28.02 (Arson). The legislature never intended to restrict a trial court from ordering a justified restitution amount simply because the State did not charge the full amount.”
Ex parte Castellano, 863 S.W.2d 476 (Tex. Crim. App. 1993).
· cites it 2× “Appellant was convicted of arson pursuant to Tex.Penal Code Ann. § 28.02. Punishment was assessed at five years confinement, probated.”
Robinson v. State, 764 S.W.2d 367 (Tex. App.—Dallas 1989).
· cites it 4× “Appellant's indictment charged arson committed under Texas Penal Code, section 28.02(a)(1), (2), and (3).”
James R. Thompson v. State, 425 S.W.3d 480 (Tex. App.—Houston [1st Dist.] 2012).
· cites it 2× “See Tex. Penal Code Ann. § 28.02 (a). Therefore, the trial court did not abuse its discretion in admitting the arson-related evidence at the punishment phase.”
Theus v. State, 845 S.W.2d 874 (Tex. Crim. App. 1992).
“See Tex.Penal Code § 28.02. Therefore, a conviction for arson is admissible for impeachment purposes and may be admitted if its probative value outweighs its prejudicial effect.”
United States v. Bryshun Furlow, 928 F.3d 311 (4th Cir. 2019).
“at 174-75 (citing Tex. Penal Code Ann. § 28.02 (a)(1) ). Contrary to Furlow's position, Knight does not establish a plain error in these proceedings.”
Tex. Penal Code § 28.02(4): 1 case
Tex. Penal Code § 28.02(a): 24 cases
Merritt, Ryan Rashad, 368 S.W.3d 516 (Tex. Crim. App. 2012).
“Tex. Penal Code § 28.02(a). 3 . Cornell testified that there were some timing inconsistencies in Appellant’s statement: [I]n the first part of the paragraph, he sat around his house drinking for four or five hours, "Then we decided to take off riding at about 10:30.”
Loredo v. State, 130 S.W.3d 275 (Tex. App.—Houston [14th Dist.] 2004).
“Tex. Pen.Code Ann. § 28.02 (Vernon 1994); see Act of May 29, 1993, 75th Leg.”
James R. Thompson v. State, 425 S.W.3d 480 (Tex. App.—Houston [1st Dist.] 2012).
“See Tex. Penal Code Ann. § 28.02 (a). Therefore, the trial court did not abuse its discretion in admitting the arson-related evidence at the punishment phase.”
Tex. Penal Code § 28.02(a)(1): 7 cases
Robinson v. State, 764 S.W.2d 367 (Tex. App.—Dallas 1989).
“Appellant's indictment charged arson committed under Texas Penal Code, section 28.02(a)(1), (2), and (3).”
Tex. Penal Code § 28.02(a)(2): 12 cases
Drake v. State, 123 S.W.3d 596 (Tex. App.—Houston [14th Dist.] 2003).
“See Tex. Pen.Code Ann. § 28.02(a)(2) (Vernon 2003).”
Tex. Penal Code § 28.02(a)(2)(A): 19 cases
In re Jad, 31 S.W.3d 668 (Tex. App.—Waco 2000).
Tex. Penal Code § 28.02(a)(2)(B): 5 cases
Merritt, Ryan Rashad, 368 S.W.3d 516 (Tex. Crim. App. 2012).
“Tex. Penal Code § 28.02(a). 3 . Cornell testified that there were some timing inconsistencies in Appellant’s statement: [I]n the first part of the paragraph, he sat around his house drinking for four or five hours, "Then we decided to take off riding at about 10:30.”
Tex. Penal Code § 28.02(a)(2)(D): 5 cases
Tex. Penal Code § 28.02(a)(2)(E): 3 cases
Tex. Penal Code § 28.02(a)(2)(F): 4 cases
Tex. Penal Code § 28.02(a)(4): 1 case
Tex. Penal Code § 28.02(a)(lM6): 1 case
Tex. Penal Code § 28.02(c): 1 case
Tex. Penal Code § 28.02(d): 2 cases
Tex. Penal Code § 28.02(d)(1): 2 cases
Tex. Penal Code § 28.02(d)(2): 5 cases
Tex. Penal Code § 28.02(e): 1 case
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