1997 Minnesota Statutes

     609.561 Arson in the first degree. 

    Subdivision 1.  Whoever unlawfully by means of fire or 
 explosives, intentionally destroys or damages any building that 
 is used as a dwelling at the time the act is committed, whether 
 the inhabitant is present therein at the time of the act or not, 
 or any building appurtenant to or connected with a dwelling 
 whether the property of the actor or of another, commits arson 
 in the first degree and may be sentenced to imprisonment for not 
 more than 20 years or to a fine of not more than $20,000, or 
 both. 

    Subd. 2.  Whoever unlawfully by means of fire or 
 explosives, intentionally destroys or damages any building not 
 included in subdivision 1, whether the property of the actor or 
 another commits arson in the first degree and may be sentenced 
 to imprisonment for not more than 20 years or to a fine of not 
 more than $35,000, or both if: 

    (a) Another person who is not a participant in the crime is 
 present in the building at the time and the defendant knows 
 that; or 

    (b) The circumstances are such as to render the presence of 
 such a person therein a reasonable possibility. 

    Subd. 3.  Whoever unlawfully by means of fire or 
 explosives, intentionally destroys or damages any building not 
 included in subdivision 1, whether the property of the actor or 
 another, commits arson in the first degree if a combustible or 
 flammable liquid is used to start or accelerate the fire and may 
 be sentenced to imprisonment for not more than 20 years or a 
 fine of not more than $20,000, or both. 

    As used in this subdivision, "flammable liquid" means any 
 liquid having a flash point below 100 degrees Fahrenheit and 
 having a vapor pressure not exceeding 40 pounds per square inch 
 (absolute) at 100 degrees Fahrenheit, but does not include 
 intoxicating liquor as defined in section 340A.101.  As used in 
 this subdivision, "combustible liquid" means a liquid having a 
 flash point at or above 100 degrees Fahrenheit. 

    HIST: 1976 c 124 s 4; 1984 c 628 art 3 s 11; 1986 c 444; 1994 
 c 636 art 2 s 42; 1995 c 186 s 100