Arson in the second degree — penalty.

569.050. Arson in the second degree — penalty. — 1. A person commits the offense of arson in the second degree if he or she knowingly damages a building or inhabitable structure by starting a fire or causing an explosion. 2. A person does not commit an offense under this section if: (1) No person other than himself or herself has a possessory, proprietary or security interest in the damaged building, or if other persons have those interests, all of them consented to his or her conduct; and (2) The person's sole purpose was to destroy or damage the building for a lawful and proper purpose. 3. The defendant shall have the burden of injecting the issue under subsection 2 of this section. 4. The offense of arson in the second degree is a class D felony unless a person has suffered serious physical injury or has died as a result of the fire or explosion, in which case it is a class B felony. (L. 1977 S.B. 60, A.L. 1987 H.B. 57, A.L. 2014 S.B. 491) Effective 1-01-17