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Wisconsin Arson Penalties

Wisconsin law takes arson very seriously. It is a malicious and highly dangerous crime. In the year 2006, there were approximately 31,000 intentionally set fires in the US, resulting in the deaths of 305 civilians. To qualify as a felony arson, a fire must be started intentionally, but Wisconsin law includes ways to prosecute people who unintentionally set fires through reckless behavior. Here’s a quick overview of our state’s fire safety laws, in order of increasing severity.

Negligent Handling of Burning Materials – If you start a fire by mishandling or failing to supervise a smaller fire, you are guilty of a Class A misdemeanor. This is punishable by up to nine months in prison and/or a fine of up to $10,000. For repeat offenders, the award can be up to two years.

Arson of Property Other Than Buildings: The intentional use of fire to damage any property, other than buildings, with a value of more than $100 is a class E felony. This is punishable by up to 15 years in prison.

Unsafe Burning of Buildings: Sometimes people decide to get rid of old sheds or dangerously dilapidated buildings by simply burning them down. This is legal, as long as you do it with the knowledge and cooperation of the fire department. If you burn down an old building in a reckless or dangerous manner, you are guilty of a Class D felony. This is punishable by up to 25 years in prison.

Setting fire to buildings: When a person deliberately sets fire to a building without the consent of the owner, sets fire to his own property to commit insurance fraud, or does any of these with the use of explosives, he has committed a Class B felony The penalty can be up to 60 years in prison.

Arson Injuries – Anyone who is injured or suffers property damage due to arson, including municipal employees, can sue the arsonist for treble damages. This means that the arsonist will have to pay the injured party three times the cost of the damages suffered.

First degree murder – If an act of arson results in the death of a person, the arsonist can be charged with first degree felony murder, even if the death was accidental. In Wisconsin, being convicted of a Class A felony carries a mandatory life sentence.

Arson is clearly not a charge to be taken lightly. Because fires are so difficult to control once they start, arson is an extremely dangerous crime. For more information about Wisconsin arson laws, contact the arson defense attorneys at Appleton, Kohler, Hart & Priebe.