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§ 30-17-5 NMSAFourth Degree Felony; Third Degree Felony if the property is an occupied structure; Second Degree Felony if the arson causes bodily injury to any person Property

Arson

Legal Definition

A person commits arson by willfully or maliciously starting a fire or causing an explosion with the purpose of destroying or damaging any building, occupied structure, or property of another, or any property, whether their own or another's, to collect insurance for such loss. The offense encompasses intentional burning or exploding of structures, vehicles, or other property with criminal intent.

Possible Punishment

Fourth Degree Felony arson carries a basic sentence of 18 months imprisonment and a fine up to $5,000. If the property is an occupied structure, the offense is a Third Degree Felony with a basic sentence of 3 years imprisonment and a fine up to $5,000. If the arson causes bodily injury to any person, it is a Second Degree Felony with a basic sentence of 9 years imprisonment and a fine up to $12,500. All felony convictions carry a mandatory period of parole after release.

Local Context

New Mexico's arson statute covers a range of conduct from burning unoccupied property to setting fire to occupied structures. The degree of the felony escalates based on whether the structure was occupied and whether anyone was injured. Related offenses include negligent arson (§ 30-17-6) and attempted arson.

Property-Crime Cases in Doña Ana County

Property charges in New Mexico scale with dollar value and circumstances. The same shoplifting conduct can be a petty misdemeanor or a felony depending on the value of what was taken, and burglary escalates sharply when the structure is a home or someone is inside. That is why our charge database lists several versions of larceny and burglary with different classifications.

Property cases also drive a large share of repeat bookings: failure to appear on an older larceny case frequently brings someone back into the detention center on a bench warrant alongside any new charge.

Related Guides

Recent Arrests for This Charge (3)

Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.