Texas arson — Penal Code § 28.02

Texas arson is a criminal offense under Penal Code § 28.02. Base conduct is classified as a state jail felony; enhancements and aggravators can move the punishment range higher. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.

The controlling statute

Texas Penal Code § 28.02 makes it a crime to start a fire or cause an explosion with intent to destroy or damage a vegetation, fence, structure, or vehicle owned by another or insured against loss. The statute sweeps broadly — even open burning that escapes onto a neighbor's land can trigger felony exposure. Penalties scale sharply when bodily injury, death, or a habitation is involved, and federal arson charges may run parallel where interstate commerce or federal property is affected.

Classification & punishment range

Elements the State must prove

To convict on a Texas § 28.02 charge, the State must prove every element beyond a reasonable doubt:

1. Defendant started a fire or caused an explosion
2. With intent to destroy or damage vegetation, fence, structure, vehicle, or habitation
3. The property belonged to another, or was insured, or the act recklessly endangered another's property or person
4. Defendant knew or should have known the property was within a city's limits or that a person was inside (for enhanced versions)

Defense strategies

L and L Law Group, PLLC develops the following defense strategies on every Arson case:

• Accidental or negligent ignition — no specific intent to damage under § 28.02(a)
• Lawful burning defense — controlled burn with required permits under Texas Natural Resources Code
• Mistake of fact about ownership or insurance status (§ 8.02)
• Insufficient causation linking defendant to the ignition source under § 6.04
• Alibi supported by surveillance, cell-tower data, or eyewitnesses
• Suppression of fire-marshal statements or warrantless scene searches beyond exigent circumstances

Enhancements & collateral consequences

First-degree felony when bodily injury or death results during the offense or in flight under § 28.02(d). Enhanced to first-degree when the property burned was a habitation or place of assembly used for worship. Multiple structures or victims permit stacked charges, and intent-to-defraud-insurer cases often draw federal mail/wire fraud parallel charges.