Arson Laws & Penalties

Arson

• Arson is committed when someone knowingly starts a fire or causes an explosion that unlawfully damages another person's property.
• Arson is a class A felony if the damaged property is an occupied structure and the actor knew it was occupied, or if it is an historic structure.
• Arson is a class B felony if:
  • The fire was started or the explosion caused to collect insurance on the property.
  • The actor purposely starts a fire or causes an explosion on any property, recklessly endangering another with death or serious injury, or endangering an occupied structure.
  • The property damaged is real estate.
  • The pecuniary loss caused is over $1,000.
• All other arson is a misdemeanor.
• "Occupied structure" includes structures appurtenant to occupied structures and seasonal dwellings, whether vacant or occupied.
• "Property" is defined in RSA 637:2, I.
• "Property of another" is defined in RSA 637:2, IV.
• "Historic structure" includes structures listed or eligible for listing in the National Register of Historic Places, or designated as historic under state or local law.

Criminal Mischief

• Criminal mischief occurs when someone, without right or reasonable belief of right, purposely or recklessly damages another's property.
• It also applies to causing permanent or temporary damage to public property, including vandalism, defacement, destruction, tampering, or unauthorized alteration.
• Criminal mischief is a class B felony if the actor purposely causes or attempts to cause:
  • Pecuniary loss over $1,500.
  • Substantial interruption or impairment of public communication, transportation, supply of water, gas, power, or other public service.
  • Discharge of a firearm at an occupied structure.
  • Damage to private or public property with historical, cultural, or sentimental value that cannot be restored.
• Criminal mischief is a class A misdemeanor if the actor purposely causes or attempts to cause pecuniary loss exceeding $100 but not more than $1,500.
• All other criminal mischief is a misdemeanor.
• "Property" and "property of another" are defined in RSA 637:2, I and IV, respectively.
• "Public property" includes any property not privately owned, such as state or municipal property, or designated natural areas or landmarks on public property.
• For determining pecuniary loss, amounts from acts committed under one scheme can be aggregated.
• Vandalizing, defacing, destroying, tampering with, or making any unauthorized alteration to public property results in a class A misdemeanor.
• Restitution is required for any damage caused by vandalizing, defacing, destroying, tampering with, or making any other unauthorized alteration to public property.
• A court may suspend a person's driver's license for up to 90 days if a vehicle was used to commit the act.
• Damaging an emergency vehicle, apparatus, or private vehicle containing emergency equipment results in full restitution to the injured party.
• A tenant or guest who destroys, disconnects, or renders inoperable a smoke detector in a rental dwelling is guilty of a misdemeanor.

Unauthorized Use of Propelled Vehicle or Animal

• It is a misdemeanor to take, operate, control, or use a propelled vehicle or animal without the owner's consent.
• Engaging in such conduct without the owner's consent is presumed to be done knowingly.
• "Propelled vehicle" is defined in RSA 637:9, III.