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What you need to know about arson in Indiana

On Behalf of | Apr 29, 2025 | Criminal Defense

Arson is a serious crime in Indiana, carrying harsh penalties and long-term consequences. Whether the damage is minor or devastating, setting fire to property can lead to felony charges. Understanding how arson is defined under Indiana law and what level of offense applies is key for anyone facing charges or seeking to understand their legal rights.

Unlike some states that divide arson by degrees, Indiana categorizes the offense by felony level, with Level 2 being the most severe. The charges depend heavily on factors such as the intent behind the act, the amount of property damage and whether anyone was injured.

What is arson?

In Indiana, a person commits arson by intentionally or knowingly damaging property through fire, explosives or destructive devices. The law applies in a range of situations, including:

  • Damaging another person’s home without their consent
  • Causing property damage in a way that endangers human life
  • Destroying property valued at $5,000 or more
  • Targeting a place of worship
  • Committing arson for hire
  • Setting fire with the intent to commit insurance fraud

The law treats each injury resulting from an arson incident as a separate offense, increasing the severity of potential penalties. The use of fire to cause property loss or endanger others can escalate quickly from a financial crime to a violent one, especially if someone is hurt.

Levels of arson felony offenses in Indiana

Indiana assigns felony levels to arson charges based on how the offense occurred and the outcome:

  • Level 4 felony – Arson of a dwelling, endangering human life, property damage over $5,000 or arson of a religious structure
  • Level 3 felony – Any of the above resulting in bodily injury
  • Level 2 felony – Any of the above resulting in serious bodily injury
  • Level 6 felony – Arson involving fraud or damage between $250 and $5,000

Sentences range from six months for a misdemeanor (in some Level 6 cases) to up to 30 years for Level 2 felonies, along with fines up to $10,000.

Because the legal consequences are so severe, anyone accused of arson should seek legal guidance immediately to understand their rights and build a strong defense.