Tennessee § 39-14-301 - Arson.

§ 39-14-301. Arson.

A person commits an offense who knowingly damages any structure or farm equipment by means of a fire or explosion: Without the consent of all persons who have a possessory, proprietary or security interest therein; or With intent to destroy or damage any structure to collect insurance for the damage or destruction or for any unlawful purpose. Arson is a Class C felony. Arson of a place of worship is a Class B felony. As used in this section: “Farm equipment” means any farm tractor as defined in § 55-1-104(a), farm implement designed to be operated with a farm tractor, and motorized farm machinery used in the commercial production of farm products or nursery stock; and “Place of worship” means any structure that is: Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to § 67-5-212, based on ownership and use of the structure by a religious institution; and Utilized on a regular basis by such religious institution as the site of congregational services, rites, or activities communally undertaken for the purpose of worship. Acts 1989, ch. 591, § 1; 1991, ch. 19, § 1; 1997, ch. 284, § 1; 2020, ch. 810, §§ 1, 2. Sentencing Commission Comments. This section requires an act to be done “knowingly” as defined in § 39-11-302 . This changes prior law. The mens rea element of prior law was “willful and malicious,” which had been interpreted to require that a person act intentionally and desire a certain result. Crow v. State, 136 Tenn. 333, 189 S.W. 687 (1916). Subsection (a) punishes an offender who, by fire, “damages any structure.” This replaces prior law, which covered “any house, or outhouse, or any building, or any other structure the property of himself or another.” Subdivision (a)(2) expressly includes people whose motive is to collect insurance payments. See Thompson v. State, 171 Tenn. 156, 101 S.W.2d 467 (1937). Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Amendments. The 2020 amendment, in (a), substituted “knowingly damages any structure or farm equipment by means of a fire or explosion” for “knowingly damages any structure by means of a fire or explosion”; deleted (b)(2)(B), defining "place of worship", now redesignated as (c)(2); redesignated (b)(2)(A) as (b)(2); and added (c). Effective Dates. Acts 2020, ch. 810, § 3. October 1, 2020. Cross-References. Criminal attempt, § 39-12-101 . Criminal conspiracy, § 39-12-103 . Fraudulent insurance claims, § 39-14-133 . Jury may provide punishment for less than one year, § 40-20-103 . Penalties for Class B and C felonies, § 40-35-111 . Vandalism, § 39-14-408 . Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Arson, §§ 1-4; 13 Tenn. Juris., Explosions and Explosives, § 2. Law Reviews. Defusing Bomb-Blast Terrorism: A Legal Survey of Technological and Regulatory Alternatives, 66 Tenn. L. Rev. 177 (1999).