A person who willfully and maliciously sets fire to or burns or causes to be burned,
or who willfully and maliciously aids, counsels, or procures the burning of any building
or structure of whatsoever class or character, whether the property of himself or
herself or of another, not included or described in section 502 of this title, shall be guilty of arson in the second degree, and shall be imprisoned not more
than five years nor less than one year or fined not more than $1,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)
Notes of Decisions
Cited in 7
cases, 1965–2011 · leading case: State v. Bonilla, 477 A.2d 983 (Vt. 1984).
State v. Bonilla, 477 A.2d 983 (Vt. 1984). · cites it 2דAfter a trial by jury, defendant was convicted of second degree arson, 13 V.S.A. § 503, and of burning to defraud an insurer, 13 V.”
State v. Williams, 574 A.2d 1264 (Vt. 1990). “2 The trial court did charge that the jury might convict the defendant of the lesser offense of burning a building or structure, 13 V.S.A. § 503, as opposed to a dwelling house, 13 V.”
State v. Bishop, 238 A.2d 772 (Vt. 1968). · cites it 2ד13 V.S.A. §503. The structure which these respondents were charged with burning was a shack located on Sterling Mountain, near Stowe, Vermont, used in connection with his logging operations by one Archie Hutchins, who was the complaining witness in the case.”
State v. Larose, 479 A.2d 162 (Vt. 1984). · cites it 2דOn June 13, 1982, the defendant was charged by information with willfully and maliciously procuring the burning of a barn on September 29, 1971, in violation of 13 V.S.A. § 503, second degree arson. After entering a plea of not.”
State v. Parker, 560 A.2d 383 (Vt. 1989). · cites it 2דBefore trial began, the trial judge stated on the record that the second count had been amended to conform with the arson statute, 13 V.S.A. § 503. 2 The judge advised: I have pursuant to our discussion prior to trial redrafted Count Two, and I’m going to give it to the jury…”
In re Westover, 215 A.2d 498 (Vt. 1965). “Westover, pleaded guilty in the Addison Municipal Court to a charge of second degree arson, a violation of 13 V.S.A. § 503. Petitioner was sentenced to'serve not less than eighteen months nor more than five years in the House of Correction at Windsor, Vermont.”
Gould Accessory Dwelling Application, No. 33-3-11 Vtec (Vt. Super. Ct. Aug. 23, 2011). “11 (1968) (applying the second degree arson statute, 13 V.S.A. § 503, then defined as other than the burning of a “dwelling house or the structures appurtenant thereto,” which appurtenant structures were further listed in the first degree arson statute, § 502, to include barns,…”
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