Pennsylvania Crimes Code
Section 3301. Arson and Related Offenses.
(a) Arson endangering persons -
(1) A person commits a felony of the first degree if he
intentionally starts a fire or causes an explosion, or if
he aids, counsels, pays or agrees to pay another to cause a
fire or explosion, whether on his own property or on that
of another, and if:
(i) he thereby recklessly places another person in
danger of death or bodily injury, including but not limited
to a firefighter, police officer or other person actively
engaged in fighting the fire; or
(ii) he commits the act with the purpose of destroying
or damaging an inhabited building or occupied structure of
another.
(2) A person who commits arson endangering persons is
guilty of murder of the second degree if the fire or
explosion causes the death of any person, including but not
limited to a firefighter, police officer or other person
actively engaged in fighting the fire, and is guilty of
murder of the first degree if the fire or explosion causes
the death of any person and was set with the purpose of
causing the death of another person.
(b) Sentence - A person convicted of violating the
provisions of subsection (a)(2), murder of the first
degree, shall be sentenced to death or life imprisonment
without right to parole; a person convicted of murder of
the second degree, pursuant to subsection (a)(2), shall be
sentenced to life imprisonment without right to parole.
Notwithstanding provisions to the contrary, no language
herein shall infringe upon the inherent powers of the
Governor to commute said sentence.
(c) Arson endangering property - A person commits a
felony of the second degree if he intentionally starts a
fire or causes an explosion, whether on his own property or
that of another, or if he aids, counsels, pays or agrees to
pay another to cause a fire or explosion, and if:
(1) he commits the act with intent of destroying or
damaging a building or unoccupied structure of another;
(2) he thereby recklessly places an inhabited building
or occupied structure of another in danger of damage or
destruction; or
(3) he commits the act with intent of destroying or
damaging any property, whether his own or of another, to
collect insurance for such loss.
(d) Reckless burning or exploding - A person commits a
felony of the third degree if he intentionally starts a
fire or causes an explosion, or if he aids, counsels, pays
or agrees to pay another to cause a fire or explosion,
whether on his own property or on that of another, and
thereby recklessly:
(1) places an uninhabited building or unoccupied
structure of another in danger of damage or destruction; or
(2) places any personal property of another having a
value of $5,000 or more in danger of damage or destruction.
(e) Failure to control or report dangerous fires - A
person who knows that a fire is endangering the life or
property of another and fails to take reasonable measures
to put out or control the fire, when he can do so without
substantial risk to himself, or to give a prompt fire
alarm, commits a misdemeanor of the first degree if:
(1) he knows that he is under an official, contractual
or other legal duty to control or combat the fire; or
(2) the fire was started, albeit lawfully, by him or
with his assent, or on property in his custody or control.
(f) Possession of explosive or incendiary materials or
devices - A person commits a felony of the third degree if
he possesses, manufactures or transports any incendiary or
explosive material with the intent to use or to provide
such device or material to commit any offense described in
subsection (a), (c) or (d).
(g) Disclosure of true owner - Law enforcement officers
investigating an offense under this section may require a
trustee of a passive trust or trust involving an
undisclosed principal or straw party to disclose the actual
owner or beneficiary of the real property in question. The
name of the actual owner or beneficiary of real estate
subject to a passive trust, trust involving an undisclosed
principal or arrangement with a straw party when obtained
under the provisions of this subsection shall not be
disclosed except as an official part of an investigation
and prosecution of an offense under this section. A person
who refuses to disclose a name as required by this section
or who discloses a name in violation of this subsection is
guilty of a misdemeanor of the third degree.
(h) Limitations on liability - The provisions of
subsections (a), (b), (c), (d) and (e) shall not be
construed to establish criminal liability upon any
volunteer or paid firefighter or volunteer or paid
firefighting company or association if said company or
association endangers a participating firefighter or real
or personal property in the course of an approved,
controlled fire training program or fire evolution,
provided that said company or association has complied with
the following:
(1) a sworn statement from the owner of any real or
personal property involved in such program or evolution
that there is no fire insurance policy or no lien or
encumbrance exists which applies to such real or personal
property;,
(2) approval or permits from the appropriate local
government or State officials, if necessary, to conduct
such program or exercise have been received;
(3) precautions have been taken so that the program or
evolution does not affect any other persons or real or
personal property; and
(4) participation of firefighters in the program or
exercise is voluntary.
(i) Defenses - It is a defense to prosecution under
subsections (c) and (d) where a person is charged with
destroying a vehicle, lawful title to which is vested in
him, if the vehicle is free of any encumbrances, there is
no insurance covering loss by fire or explosion or both on
the vehicle and the person delivers to the nearest state
police station at least 48 hours in advance of the planned
destruction a written sworn statement certifying that
person is the lawful titleholder, that the vehicle is free
of any encumbrances and that there is no insurance covering
loss by fire or explosion or both on the vehicle.
(j) Definitions - As used in this section the following
words and phrases shall have the meanings given to them in
this subsection:
"Occupied structure." Any structure, vehicle or place
adapted for overnight accommodation of persons or business
therein, whether or not a person is actually preset: If a
building or structure is divided into separate any unit not
occupied by the actor is an occupied structure of another.
"Property of another." A building or other property,
whether real or personal, in which a person other than the
actor has an interest which the actor has no authority to
defeat or impair, even though the actor may also have an
interest in the building or property.
(Chgd. by L.1982, Acts 101(1), 227(1), eff. 2/5/83.)