Arson Laws in SC

What are the arson laws in South Carolina? Arson is when you set fire to something, right? 

Hold on – the definitions of arson contained in South Carolina criminal law are a bit more detailed and complex than that. Understanding them – as well as what the State must prove to get a conviction – could make the difference between a dismissal, an acquittal, a probationary sentence, or life in prison. 

In this article you will learn:

• The basic elements of arson laws in South Carolina;
• What the State must prove to get a conviction; and
• The potential penalties for arson 1st, 2nd, and 3rd degree.

Arson Laws in South Carolina – 1st, 2nd, and 3rd Degree Arson

The arson laws in South Carolina define the elements of 1st, 2nd, and 3rd degree arson, but there are also some important definitions for some of the terms used in South Carolina’s arson laws. 

For example, the arson laws reference “damage” – it’s not arson unless the fire or explosion results in damage to the property that was targeted. But what is “damage?”

What is “Damage” for Purposes of Arson Laws in SC?

SC Code Section 16-11-110 provides a broad definition of damage that includes just about any change to the targeted property that was caused by the fire or explosion – any “burning, charring, blistering, scorching, smoking, singeing, discoloring, or changing the fiber or composition of” any property that is covered by arson laws in SC.

What is a “Dwelling House” for Purposes of Arson Laws in SC?

Another definition that could make a difference in some cases is “dwelling house,” which is defined by SC Code Section 16-11-10. 

Arson laws in South Carolina use the same definition that is used in burglary cases: any “dwelling house, any house, outhouse, apartment, building, erection, shed or box in which there sleeps a proprietor, tenant, watchman, clerk, laborer or person who lodges there with a view to the protection of property,” as well as any “houses, outhouses, buildings, sheds and erections which are within two hundred yards of it and are appurtenant to it or to the same establishment of which it is an appurtenance.”

The 3 Degrees of Arson in South Carolina

1st Degree Arson

What does the State have to prove to get a conviction for arson? 

Arson 1st degree is where a person:

1. Willfully and maliciously,

2. Causes an explosion or sets fire to,

3. A building, structure, or property,

4. Resulting in damage to the property, and

5. It results, either directly or indirectly, in death or serious bodily injury to a person.

To get a conviction, the prosecutor must prove each and all of these elements beyond any reasonable doubt. 

You don’t have to set off an explosion or start a fire yourself to be convicted of Arson 1st, 2nd, or 3rd degree – you can also be convicted if you aided, counseled, or procured a burning by helping someone else set the fire. 

The types of property covered by 1st degree Arson include:

• Dwelling houses,
• Churches or places of worship,
• Schools,
• Manufacturing plants,
• Warehouses,
• Businesses,
• Any institutional facilities,
• Local and municipal buildings,
• Any structure that is designed for human occupancy,
• Any building or structure not listed above,
• Railway cars,
• Boats,
• Ships,
• Any type of watercraft,
• Aircraft,
• Automobiles or any type of motor vehicle, or
• Personal property.

It doesn’t matter if the property belongs to the person who is accused or if it belongs to someone else – if you set fire to your own property, you can still be convicted of arson.

2nd Degree Arson

Arson 2nd degree is where a person

1.Willfully and maliciously,

2. Causes an explosion or sets fire to,

3. A building, structure, or property,

4. Resulting in damage to the property.

As with 1st degree arson, it doesn’t matter who the property belongs to and you can also be convicted if you aided, counseled, or procured a burning by helping someone else set the fire. 

The types of property covered by 2nd degree Arson include:

• Dwelling houses,
• Churches or places of worship,
• Schools,
• Manufacturing plants,
• Warehouses,
• Businesses,
• Any institutional facilities,
• Local and municipal buildings, or
• Any structure that is designed for human occupancy.

The difference between 1st and 2nd degree arson is that no death or injury is required for a 2nd degree arson conviction, and the types of property that are covered by 2nd arson include only the first half of the list that is covered by 1st degree arson – the other types of properties that were covered by 1st degree Arson are covered by 3rd degree Arson.

3rd Degree Arson

Arson 3rd degree is where a person:

1. Willfully and maliciously,

2. Causes an explosion or sets fire to,

3. A building, structure, or property,

4. Resulting in damage to the property.

As with 1st or 2nd degree arson, it doesn’t matter who the property belongs to and you can also be convicted if you aided, counseled, or procured a burning by helping someone else set the fire. 

The types of property covered by 3rd degree arson include:

• Any building or structure not covered by 2nd degree arson,
• Railway cars,
• Boats,
• Ships,
• Any type of watercraft,
• Aircraft,
• Automobiles or any type of motor vehicle, or
• Personal property.

The difference between 3rd degree and 1st degree Arson comes down to whether a person was killed or injured, and the difference between 3rd degree and 2nd degree Arson is the type of property that was affected.

Arson Laws in SC: Potential Penalties

The chart below contains the range of potential penalties for 1st, 2nd, and 3rd degree arson in SC:

Charge	Felony or Misdemeanor	Potential Prison Sentence
1st Degree Arson	Felony	Mandatory minimum sentence of 30 years up to life in prison
2nd Degree Arson	Felony	Mandatory minimum sentence of 3 years and up to 25 years in prison
3rd Degree Arson	Felony	Up to 15 years in prison

 

Arson, along with Murder and Burglary 1st degree, is one of the most serious criminal charges in the state of South Carolina. Note that the potential penalties for Arson 1st Degree are exactly the same as those for Murder, which is 30 years to life.

Questions About Arson Laws in SC?

If you or your loved one has been charged with arson in South Carolina, get an experienced criminal defense attorney on your side immediately who will investigate your case, prepare your defense, and engage the right expert witnesses when appropriate. 

Call 843-761-3840 or use this form to contact us today to discuss your case and start working towards the best possible outcome for you.