Tennessee § 39-14-302 - Aggravated arson.

§ 39-14-302. Aggravated arson.

A person commits aggravated arson who commits arson as defined in § 39-14-301 or § 39-14-303: When one (1) or more persons are present therein; or When any person, including firefighters and law enforcement officials, suffers serious bodily injury as a result of the fire or explosion. Aggravated arson is a Class A felony. Acts 1989, ch. 591, § 1; 1997, ch. 284, § 2; 2005, ch. 353, § 15. Sentencing Commission Comments. This section prescribes the circumstances necessary to elevate arson into aggravated arson. Compiler's Notes. Acts 2005, ch. 353, § 18 provided that the act shall apply to sentencing for criminal offenses committed on or after June 7, 2005. Offenses committed prior to June 7, 2005, shall be governed by prior law, which shall apply in all respects. However, for defendants who are sentenced after June 7, 2005, for offenses committed on or after July 1, 1982, the defendant may elect to be sentenced under the provisions of the act by executing a waiver of such defendant's ex post facto protections. Upon executing such a waiver, all provisions of the act shall apply to the defendant. Acts 2005, ch. 353, § 19 provided that the act shall have no application to sentencing for persons convicted of murder in the first degree, which shall be governed by the provisions of §§ 39-13-202 — 39-13-208 . Acts 2005, ch. 353, § 20(b) provided that the Tennessee Code Commission is requested to insert a cross reference in §§ 39-13-102 , 39-13-502 , 39-13-503 , 39-13-505 , 39-13-506 , 39-13-522 , 39-14-302 and 39-14-408 to § 40-35-114 stating that the enhancement factor formerly found in each such section was moved to § 40-35-114 so that all enhancement factors are located in one (1) section. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Criminal attempt, § 39-12-101 . Criminal conspiracy, § 39-12-103 . Criminal sentencing enhancement factors, § 40-35-114 . Penalty for Class A felony, § 40-35-111 .