# Idaho Code § 18-802: 18-802 ARSON IN FIRST DEGREE — BURNING OF DWELLING OR OTHER STRUCTURES WHERE PERSONS ARE NORMALLY PRESENT — PENALTIES

> Idaho · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C8_S18-802

## Section

- **Citation:** Idaho Code § 18-802
- **Heading:** 18-802 ARSON IN FIRST DEGREE — BURNING OF DWELLING OR OTHER STRUCTURES WHERE PERSONS ARE NORMALLY PRESENT — PENALTIES
- **Jurisdiction:** Idaho
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Idaho Code / Title 18 / Chapter 8 / Section 18-802

## Text

18-802. Arson in first degree — Burning of dwelling or other structures where persons are normally present — Penalties. Any person who willfully and unlawfully, by fire or explosion, damages:

(1) Any dwelling, whether occupied or not; or

(2) Any structure, whether occupied or not, in which persons are normally present, including without limitation: jails, prisons or detention centers; hospitals, nursing homes or other health care facilities; department stores, office buildings, business establishments, churches or educational institutions, or other similar structures; or

(3) Any other structure which the actor has reasonable grounds to believe is occupied by a human being; or

(4) Any real or personal property, whether the property of the actor or another, with the intent to deceive or harm any insurer or any person with a legal or financial interest in the property, or obtain any financial gain for the actor or another;

is guilty of arson in the first degree, and upon conviction thereof shall be sentenced to the custody of the department of correction for not more than twenty-five (25) years or fined not more than one hundred thousand dollars ($100,000) or both.

History:

[18-802, added 1993, ch. 107, sec. 3, p. 274.]

## Nearby sections

- [Idaho Code § 18-801 18-801 ARSON — DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C8_S18-801.md)
- [Idaho Code § 18-802 18-802 ARSON IN FIRST DEGREE — BURNING OF DWELLING OR OTHER STRUCTURES WHERE PERSONS ARE NORMALLY PRESENT — PENALTIES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C8_S18-802.md)
- [Idaho Code § 18-803 18-803 ARSON IN THE SECOND DEGREE — BURNING OF A STRUCTURE — PENALTIES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C8_S18-803.md)
- [Idaho Code § 18-804 18-804 ARSON IN THE THIRD DEGREE — BURNING OF REAL OR PERSONAL PROPERTY OR FOREST LAND — PENALTIES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C8_S18-804.md)
- [Idaho Code § 18-805 18-805 AGGRAVATED ARSON — PENALTIES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C8_S18-805.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C8_S18-802. Check the current official text before relying on it. Not legal advice.