Colorado § 18-4-104 - Third degree arson.
Full text of Colorado Colorado Revised Statutes § 18-4-104 — Third degree arson., with citation guidance and answers to common questions.
§ 18-4-104. Third degree arson.
(1) A person who, by means of fire or explosives, intentionally damages any property with intent to defraud commits third degree arson.
(2) Third degree arson is a class 5 felony.
Source: L. 71: R&RE, p. 426, § 1. C.R.S. 1963: § 40-4-104. L. 2023: (2) amended, (HB 23-1293), ch. 298, p. 1784, § 8, effective October 1.
ANNOTATION
Distinguished from first degree arson. The more serious first degree arson statute, § 18-4-102, contains an element not contained in this section: The requirement that the property damaged or destroyed be a "building or occupied structure of another". People v. Calvaresi, 198 Colo. 321, 600 P.2d 57 (1979).
Distinction not unreasonable. The general assembly's decision to provide a more serious penalty for intentionally burning a "building or occupied structure" than for intentionally burning "any property" is not arbitrary or unreasonable. People v. Calvaresi, 198 Colo. 321, 600 P.2d 57 (1979).
Construed in accordance with 18-1-502, this section would be inapplicable to those situations in which there was no voluntary act or omission to perform an act within the physical capabilities of the person. Thus, the statute would not apply to a fire started by events beyond the actor's control. People v. Garcia, 189 Colo. 347, 541 P.2d 687 (1975).
Applied in People v. Elkhatib, 632 P.2d 275 (Colo. 1981).
Frequently Asked Questions About Colorado § 18-4-104
What does Colorado Revised Statutes § 18-4-104 cover?
Section 18-4-104 ("Third degree arson.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 18-4-104?
A common citation format is "Colorado Revised Statutes § 18-4-104" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 18-4-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.