Arson in New Jersey

N.J.S.A. 2C:17-1 · Theft, Burglary & Property Offenses

What the law says

The section prohibits starting fires or causing explosions under specified circumstances, including endangering people or property, damaging forests, and seeking insurance proceeds or exemption from certain laws. It also prohibits failing to control or promptly report certain dangerous fires and paying, accepting, or offering consideration to start a fire or cause an explosion in violation of the section.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:17-1, that means:

• For aggravated arson, the person starts a fire or causes an explosion, on their own property or another’s, and thereby purposely or knowingly places another person in danger of death or bodily injury; or acts with the purpose of destroying another’s building or structure, collecting insurance under circumstances that recklessly endanger another person, exempting a structure from specified laws under circumstances that recklessly endanger another person, or destroying or damaging a forest.
• For arson, the person purposely starts a fire or causes an explosion, on their own property or another’s, and thereby recklessly places another person in danger of death or bodily injury, or recklessly places another’s building or structure in danger of damage or destruction; or acts with the purpose of collecting insurance, exempting a structure from specified laws, or recklessly placing a forest in danger of damage or destruction.
• For failure to control or report a dangerous fire, the person knows that a fire endangers life or a substantial amount of another’s property and fails to take reasonable measures to put out or control it when able to do so without substantial risk to themselves, or fails to give a prompt fire alarm; and the person knows of an official, contractual, or other legal duty to prevent or combat the fire, or the fire was started lawfully by the person or with their assent, or on property in their custody or control.
• The person directly or indirectly pays, accepts, or offers to pay or accept any form of consideration, including money or another pecuniary benefit, for the purpose of starting a fire or causing an explosion in violation of this section; consideration need not actually be exchanged.
• For the worship-place enhancement, the person is convicted under subsection a., b., or d., and the structure targeted by the offense was a church, synagogue, temple, or other place of public worship.

How the charge is graded

• Aggravated arson under subsection a. is a crime of the second degree.
• Arson under subsection b. is a crime of the third degree.
• Failure to control or report a dangerous fire under subsection c. is a crime of the fourth degree if either condition stated in subsection c. (1) or (2) applies.
• The conduct described in subsection d. is a crime of the first degree.
• A conviction pursuant to subsection a., b., or d. is a crime of the first degree if the structure targeted was a church, synagogue, temple, or other place of public worship.

Penalties in the statute

• For a conviction of aggravated arson under subsection a. when the targeted structure was a health care facility or a physician’s office, the sentence shall include a term of imprisonment; the court may not suspend the sentence or make any other noncustodial disposition.
• For a conviction under subsection a., b., or d. when the targeted structure was a church, synagogue, temple, or other place of public worship, the sentence shall include a term of imprisonment with a minimum term of 15 years, during which the defendant is ineligible for parole; the court may not suspend the sentence or make any other noncustodial disposition.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• “Structure” is defined in section 2C:18-1.
• For this section, property is that of another if anyone other than the actor has a possessory, legal, or equitable proprietary interest in it, including a mortgage, pledge, lien, or security interest.
• If a building or structure is divided into separately occupied units, any unit not occupied by the actor is an occupied structure of another.
• “Forest” includes any forest, brush land, grass land, salt marsh, wooded area, or combination thereof, including an open space area, public lands, wetlands, park lands, natural habitats, a State conservation area, a wildlife refuge area, or other designated undeveloped open space, whether or not subject to specific protection under law.
• “Health care facility” means a health care facility as defined in section 2 of P.L.1971, c.136 (C.26:2H-2).

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Lack of intent to deprive the owner, or a good-faith claim of right
• Disputing the value used to grade the offense
• Identification problems and gaps in surveillance video
• Restitution and diversion as paths to avoid a conviction

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Arson charge.

Related charges

• Burglary →
• Criminal Trespass →
• Criminal Mischief →
• Theft Grading in New Jersey →
• Theft by Unlawful Taking →
• Receiving Stolen Property →
• Theft of Services →
• Shoplifting →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.