Arson is a felony in Idaho. Being charged with arson can lead to shocking and devastating consequences if you are convicted. If you find yourself under arrest for arson, you need to contact a highly experienced Boise ID criminal defense lawyer with a track record of winning cases involving state arson law. Secure the best legal representation you can as quickly as possible to help avoid the most extreme charges and worst arson penalties in your case.
If you have been charged with arson, call Sawtooth Defense Lawyers for help, or contact us here on our website to schedule your free legal consultation.

Click to jump to the section:
- What is Arson?
- Arson – First Degree
- Arson – Second Degree
- Arson – Third Degree
- Aggravated Arson
- Best Arson Defense in Idaho
What is Arson?
Definition & Penalties of Arson in Idaho: The Idaho state criminal code lays out a multi-faceted arson definition that covers the various forms of arson crime by its degree of seriousness. But, in general, arson refers to any crime of willfully destroying a building or the natural growth on undeveloped land by fire or an explosion.
The definitions of the various forms and extremes of arson are clarified in these descriptions of actions that constitute each of the 3 degrees of arson charges in Idaho, and the penalties are included for each:
Arson – First Degree
The Idaho Criminal Code 18-802 defines First Degree arson as deliberately burning or exploding:
- some form of housing for people
- some other type of building that people frequently occupy for some purpose. For example, stores, hospitals, manufacturing facilities, etc.
- or any place where there would have been a reason for the defendant to believe that one or more people are inside.
- or, if the perpetrator willfully commits the crime to deceive someone who holds a financial interest in it, like an insurer,
- or if the individual committed an arson crime to collect financial compensation for himself/herself or someone else.
Punishments for Arson in the First Degree: A maximum of 25 years in prison, a maximum of a $100,000 fine, or both.
Arson – Second Degree
Second Degree arson is defined under the Idaho Code 18-803 as willfully and illegally damaging a building or other structure under circumstances that do not define the act as arson in the First Degree. For example, the defendant might not have had a reason to believe the building was regularly occupied by anyone.
Punishments for Arson in the Second Degree: Typical penalties for Second Degree arson include up to a maximum of 15 years in prison, a maximum of $75,000 in fines, or both.
Arson – Third Degree
Idaho Code 18-804 defines Third Degree arson as deliberately and illegally destroying someone’s personal property (any tangible items), some type of real property (land), or a forest by fire or an explosion.
Punishments for Arson in the Third Degree: The usual punishments for Third Degree arson in Idaho include up to a maximum of 10 years in prison, a maximum of up to $50,000 in fines, or both.
Aggravated Arson
The aggravated arson meaning is defined under Idaho 18-805 as an act of arson that either directly or indirectly causes great bodily harm, permanent disfigurement or disability, or death of a firefighter or another person. The crime of aggravated arson can occur whether the perpetrator had the intent to cause that kind or degree of harm to anyone. Aggravated arson exposes the accused to potentially enhanced sentencing. An extended sentence may add 10 more years to the prison term.
Arson Defense in Idaho – Sawtooth Defense Lawyers
When you have been arrested for arson, you need the best arson defense lawyer Boise, ID has available. We will provide you with a free assessment of your case, answer all your questions, and determine how we may be able to help you. Sometimes we can get charges dropped entirely, significantly reduced, or have sentencing reduced.