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Colorado criminal charge

First degree arson in Colorado

Current through 2026 Colorado legislative session

First degree arson is a criminal offense under Colorado law, defined by C.R.S. § 18-4-102. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by C.R.S. § 18-4-102.

What is the penalty for first degree arson in Colorado?

Penalties for First degree arson
PenaltyRangeBasisAuthority
Jail / prison4 years to 12 years (First degree arson — occupied structure — Applies when the arson is committed against an occupied structure.)presumptiveC.R.S. § 18-1.3-401
Fine3000 usd to 750000 usd (First degree arson — occupied structure — Applies when the arson is committed against an occupied structure.)discretionaryC.R.S. § 18-1.3-401
Parole / supervision3 years to 3 years (First degree arson — occupied structure — Applies when the arson is committed against an occupied structure.; mandatory parole)mandatoryC.R.S. § 18-1.3-401
Jail / prison2 years to 6 years (First degree arson — building — Applies when the arson is committed against a building (not an occupied structure).)presumptiveC.R.S. § 18-1.3-401
Fine2000 usd to 500000 usd (First degree arson — building — Applies when the arson is committed against a building (not an occupied structure).)discretionaryC.R.S. § 18-1.3-401
Parole / supervision3 years to 3 years (First degree arson — building — Applies when the arson is committed against a building (not an occupied structure).; mandatory parole)mandatoryC.R.S. § 18-1.3-401

Applies to offenses on/after 2018-07-01.

How is first degree arson classified in Colorado?

The classification depends on the circumstances:

Classification variants for First degree arson
VariantClassificationWhen it appliesStatute
First degree arson — occupied structureclass 3 felonyApplies when the arson is committed against an occupied structure.18-4-102(2)
First degree arson — buildingclass 4 felonyApplies when the arson is committed against a building (not an occupied structure).18-4-102(2)

Common questions about first degree arson in Colorado

Is first degree arson a felony or a misdemeanor in Colorado?

It depends on the circumstances: first degree arson ranges from a class 4 felony to a class 3 felony in Colorado under C.R.S. § 18-4-102.

First degree arson — occupied structure: class 3 felony (C.R.S. § 18-4-102(2)) · First degree arson — building: class 4 felony (C.R.S. § 18-4-102(2))

What are the penalties for first degree arson in Colorado?

Penalties for first degree arson in Colorado depend on how it is classified — from a class 4 felony up to a class 3 felony — with the ranges set by C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.

Which Colorado statute covers first degree arson?

First degree arson is governed by C.R.S. § 18-4-102 (First degree arson).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.