Under the Illinois Criminal Code, arson is an offense that involves the use of fire or explosives. In certain cases, a perpetrator can even face charges for aggravated arson, particularly if someone sustains serious injury. Either way, both standard and aggravated arson offenses are charged as felonies, meaning the consequences of a violation can be exceedingly severe.
Arson Laws and Penalties in Illinois
720 ILCS 5/20-1 establishes the Illinois laws against arson. Under this section, it is illegal to use fire or explosive to knowingly damage:
- Another person’s real or personal property worth at least $150, without the owner’s consent; or
- Any real or personal property worth at least $150 with the intent to defraud an insurer.
Any person who commits arson in violation of Section 20-1 is guilty of a Class 2 felony. The Illinois punishment for this type of felony includes a sentencing range of three to seven years, an extended term of seven to 15 years, and criminal fines up to $25,000. Probation or conditional discharge of up to four years is available for this offense.
Section 20-1 also prohibits arson offenses that occur in specific locations. Under this section, it is unlawful to commit arson and knowingly damage, partially or totally, any:
- Building or structure that is another person’s dwelling place; or
- Place of worship.
Any person who commits residential or place of worship arson in violation of Section 20-1 is guilty of a Class 1 felony. The Illinois punishment for this type of felony includes a sentencing range of four to 15 years, an extended term of 15 to 30 years, and criminal fines up to $25,000. Probation or conditional discharge of up to four years is available for this offense.
Aggravated Arson Laws and Penalties in Illinois
720 ILCS 5/20-1.1 furnishes the Illinois laws against aggravated arson. There are two elements to aggravated arson offenses in Illinois.
The first element involves an arson crime where the perpetrator knowingly damages, partially or totally, any:
- Building or structure;
- Adjacent building or structure;
- School building;
- House trailer;
- Watercraft;
- Motor vehicle; or
- Railroad car.
The second element of aggravated arson requires:
- The perpetrator to know, or have a reason to know, that a person is inside the building or structure;
- Any person to sustain great bodily harm or permanent disability/disfigurement as a result of the fire or explosion; or
- A police officer, firefighter, or corrections officer to sustain injury 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. The Illinois punishment for this type of felony includes a sentencing range of six to 30 years, an extended term of 30 to 60 years, and criminal fines up to $25,000. Probation or conditional discharge is not available for Class X felonies in Illinois.
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.