Arson Law Revisions

The North Carolina General Assembly recently passed S.L. 2022-8 which makes various changes to the existing arson laws. The new criminal provisions go into effect on December 1, 2022 and apply to offenses committed on or after that date. The law includes a savings clause which provides that prosecutions for offenses committed before the effective date are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions. Increased punishment for first and second degree arson. G.S. 14-58 provides for two degrees of arson. If a dwelling burned is occupied at the time of the burning, the offense is first degree arson and is punishable as a Class D felony. If a dwelling burned is unoccupied at the time of the burning, the offense is second degree arson. The new law increases the punishment for second degree arson from a Class G felony to a Class E felony. Burning of jails or prisons. The new law adds G.S. 14-59.1 which provides that if any person wantonly and willfully sets fire to, burns, causes to be burned, or aids, counsels, or procures the burning of a penal institution or its contents, the person shall be punished as a Class D felon. [Editor's note: The preceding paragraph was updated to add that this offense also includes the burning of the contents of a penal institution, which was inadvertently omitted in the initial posting.] Burning of religious buildings. Under current G.S. 14-62.2, [...]