CHAPTER 712 ARSON
712.1 ARSON DEFINED.
712.2 ARSON IN THE FIRST DEGREE.
712.3 ARSON IN THE SECOND DEGREE.
712.4 ARSON IN THE THIRD DEGREE.
712.5 RECKLESS USE OF FIRE OR EXPLOSIVES.
712.6 EXPLOSIVE OR INCENDIARY MATERIALS OR DEVICES.
712.7 FALSE REPORTS.
712.8 THREATS.
712.9 VIOLATIONS OF INDIVIDUAL RIGHTS -- PENALTIES.



        

712.1 ARSON DEFINED. 1. Causing a fire or explosion, or placing any burning or combustible material, or any incendiary or explosive device or material, in or near any property with the intent to destroy or damage such property, or with the knowledge that such property will probably be destroyed or damaged, is arson, whether or not any such property is actually destroyed or damaged. Provided, that where a person who owns said property which the defendant intends to destroy or damage, or which the defendant knowingly endangers, consented to the defendant's acts, and where no insurer has been exposed fraudulently to any risk, and where the act was done in such a way as not to unreasonably endanger the life or property of any other person the act shall not be arson. 2. Causing a fire or explosion that damages or destroys property while manufacturing or attempting to manufacture a controlled substance in violation of section 124.401 is arson. Even if a person who owns property which the defendant intends to destroy or damage, or which the defendant knowingly endangers, consents to the defendant's act, and even if an insurer has not been exposed fraudulently to any risk, and even if the act was done in such a way as not to unreasonably endanger the life or property of any person, the act constitutes arson.

         Section History: Early Form

         [C51, § 2598--2603; R60, § 4222--4227; C73, § 3880--3885; C97, §
      4776--4781, 4795, 4798; C24, § 12963, 12964, 12984--12989; C27, 31,
      35, § 12963, 12964, 12991-b1--b3, -b5; C39, § 12963, 12964,
      12991.1--12991.3, 12991.5; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77,
      § 697.3, 697.4, 707.1--707.3, 707.5; C79, 81, § 712.1] 

         Section History: Recent Form

         2004 Acts, ch 1125, §13
        

712.2 ARSON IN THE FIRST DEGREE. Arson is arson in the first degree when the presence of one or more persons can be reasonably anticipated in or near the property which is the subject of the arson, or the arson results in the death of a fire fighter, whether paid or volunteer. Arson in the first degree is a class "B" felony.

         Section History: Early Form

         [C51, § 2598, 2599; R60, § 4222, 4223; C73, § 3880, 3881; C97, §
      4776, 4777, 4795; C24, § 12964, 12984, 12985; C27, 31, 35, § 12964,
      12991-b1; C39, § 12964, 12991.1; C46, 50, 54, 58, 62, 66, 71, 73,
      75, 77, § 697.4, 707.1; C79, 81, § 712.2] 

         Section History: Recent Form

         84 Acts, ch 1064, § 1; 2004 Acts, ch 1125, §14
         Definition of forcible felony, § 702.11
        

712.3 ARSON IN THE SECOND DEGREE. Arson which is not arson in the first degree is arson in the second degree when the property which is the subject of the arson is a building or a structure, or real property of any kind, or standing crops, or is personal property the value of which exceeds five hundred dollars. Arson in the second degree is a class "C" felony.

         Section History: Early Form

         [C51, § 2600--2602; R60, § 4224--4226; C73, § 3882--3884; C97, §
      4778--4780; C24, § 12986--12988; C27, 31, 35, § 12991-b1, 12991-b3;
      C39, § 12991.2, 12991.3; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77,
      § 707.2, 707.3; C79, 81, § 712.3] 

         Section History: Recent Form

         2004 Acts, ch 1125, §15
         Referred to in § 712.9
        

712.4 ARSON IN THE THIRD DEGREE. Arson which is not arson in the first degree or arson in the second degree is arson in the third degree. Arson in the third degree is an aggravated misdemeanor.

         Section History: Early Form

         [C79, 81, § 712.4]
         Referred to in § 712.9
        

712.5 RECKLESS USE OF FIRE OR EXPLOSIVES. Any person who shall so use fire or any incendiary or explosive device or material as to recklessly endanger the property or safety of another shall be guilty of a serious misdemeanor.

         Section History: Early Form

         [C51, § 2607; R60, § 4231; C73, § 3889; C97, § 4785; C24, 27, 31,
      35, 39, § 12992; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §
      707.7; C79, 81, § 712.5]
         Referred to in § 712.9
        

712.6 EXPLOSIVE OR INCENDIARY MATERIALS OR DEVICES. 1. A person who possesses any incendiary or explosive device or material with the intent to use such device or material to commit a public offense shall be guilty of a class "C" felony. 2. a. A person who possesses any incendiary or explosive device or material shall be guilty of an aggravated misdemeanor. b. This subsection does not apply to a person holding a valid commercial license or user's permit issued pursuant to chapter 101A, provided that the person is acting within the scope of authority granted by the license or permit. 3. A person who, with the intent to intimidate, annoy, or alarm another person, places a simulated explosive or simulated incendiary device in or near an occupied structure as defined in section 702.12, is guilty of a serious misdemeanor.

         Section History: Early Form

         [C71, 73, 75, 77, § 697.11; C79, 81, § 712.6] 

         Section History: Recent Form

         2004 Acts, ch 1125, §16; 2008 Acts, ch 1147, §4
         Referred to in § 712.9
        

712.7 FALSE REPORTS. A person who, knowing the information to be false, conveys or causes to be conveyed to any person any false information concerning the placement of any incendiary or explosive device or material or other destructive substance or device in any place where persons or property would be endangered commits a class "D" felony.

         Section History: Early Form

         [C71, 73, 75, 77, § 697.6; C79, 81, § 712.7]
         Referred to in § 712.9
        

712.8 THREATS. Any person who threatens to place or attempts to place any incendiary or explosive device or material, or any destructive substance or device in any place where it will endanger persons or property, commits a class "D" felony.

         Section History: Early Form

         [C71, 73, 75, 77, § 697.7; C79, 81, § 712.8]
         Referred to in § 712.9
        

712.9 VIOLATIONS OF INDIVIDUAL RIGHTS -- PENALTIES. A violation of sections 712.3 through 712.8, which is also a hate crime as defined in section 729A.2, shall be classified and punished as an offense one degree higher than the underlying offense.

         Section History: Recent Form

         92 Acts, ch 1157, § 4
         Referred to in § 729A.2

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