Under the Illinois Criminal Code, arson is a criminal offense that involves the use of fire or explosive to damage property. Any person who commits this offense in Illinois will face criminal punishment, including prison time and steep fines. Depending on the applicable circumstances, an offender can face one of four different types of arson under the Illinois Criminal Code, as explained in the following sections.
Arson
Illinois law at 720 ILCS 5/20-1 provides the definition of arson. Under this section, a person commits arson if they use fire or explosive to knowingly:
- Inflict damage upon any real or personal property worth $150 or more, without the consent of the property owner; or
- Intend to defraud an insurance provider by inflicting damage upon any property worth $150 or more.
Any person who commits arson in violation of Section 20-1 is guilty of a Class 2 felony. A conviction for a Class 2 felony in Illinois includes a maximum statutory punishment of seven years in prison, $25,000 in criminal fines, and four years of probation.
Residential Arson
Section 20-1 also details the definition of residential arson. Under this section, a person commits residential arson if they use fire or explosives to knowingly damage — whether totally or partially — the dwelling place of another person.
Any person who commits residential arson in violation of Section 20-1 is guilty of a Class 1 felony. A conviction for a Class 1 felony in Illinois includes a maximum statutory punishment of 15 years in prison, $25,000 in criminal fines, and four years of probation.
Place of Worship Arson
Section 20-1 also explains the definition of place of worship arson. Under this section, a person commits place of worship arson if they use fire or explosive to knowingly damage — whether totally or partially — any religious establishment dedicated to prayer or worship.
Any person who commits place of worship arson in violation of Section 20-1 is guilty of a Class 1 felony. A conviction will likely result in the same maximum statutory punishment described above.
Aggravated Arson
Illinois law at 720 ILCS 5/20-1.1 provides the definition of aggravated arson. Under this section, a person commits aggravated arson if they commit arson and:
- Intentionally damage any building, structure, or vehicle, whether totally or partially; and
- Knows or should know that one or more people are present; or
- Any person sustains severe physical harm, disability, or disfigurement; or
- A firearm or law enforcement officer sustains harm as a result of the fire or explosion.
Any person who commits aggravated arson in violation of Section 20-1.1 is guilty of a Class X felony. A conviction for a Class X felony in Illinois includes a maximum statutory punishment of 30 years in prison and $25,000 in criminal fines. Illinois does not offer probation for Class X felonies.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.