Under Texas law, setting fire to a building that belongs to someone else is arson even if the structure is empty, abandoned, or without utilities, and the penalty can climb sharply depending on what the fire reaches and what the person intended to burn. That question is at the center of the case against TikTok couple Dakota Harper, 21, and Felicity Eatmon, 22, who were arrested in Charleston, West Virginia, and charged with first-degree arson and conspiracy after a vacant home on the city’s West Side burned late on a Sunday night. According to a criminal complaint described by local media, surveillance video showed Eatmon handing Harper what appeared to be a piece of paper, which was lit and placed inside the house. The home was destroyed, and the neighboring Canaan United Methodist Church suffered an estimated $10,000 or more in damage. No injuries were reported, both are being held on $10,000 bond, and both are presumed innocent. Their case will be decided under West Virginia law, but Texas law offers a useful comparison.
The following is general legal commentary from L & L Law Group, PLLC on how Texas law treats these issues in Collin County and across the Dallas-Fort Worth area. It is not legal advice about any specific case, and everyone is presumed innocent unless and until proven guilty.
Is Burning an Abandoned House Still Arson in Texas?
Yes. Under Texas Penal Code Section 28.02, a person commits arson by starting a fire with intent to destroy or damage a building, habitation, or vehicle when, among other circumstances, the property is located within the limits of an incorporated city or town, belongs to someone else, or the person knows it is located on property belonging to another. An abandoned house in a city neighborhood generally satisfies those conditions. The fact that no one lived there, or that the utilities were off, does not make the fire legal; it mainly affects how serious the charge is.
How Serious Is an Arson Charge in Texas?
Arson in Texas is generally a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. It becomes a first-degree felony, carrying 5 to 99 years or life, if the fire causes bodily injury or death, or if the property the person intended to damage or destroy was a habitation or a place of assembly or worship. Because intent is tied to the property the accused targeted, prosecutors and defense lawyers often focus closely on what the person meant to burn versus what the fire later reached.
Does It Matter That the Fire Spread to a Church Next Door?
It can. Damage to a neighboring building may support additional charges, such as criminal mischief under Penal Code Section 28.03, where the punishment level depends on the dollar amount of the loss. A loss between $2,500 and $30,000, for example, is generally a state jail felony. Whether the higher first-degree arson range applies may turn on whether the state can show the person intended to damage the place of worship, not just that the fire spread there. In any event, Texas courts routinely order restitution to property owners and insurers for repair costs.
What Evidence Do Prosecutors Use in Texas Arson Cases?
Arson cases are usually built by fire marshals and investigators who examine burn patterns, the point of origin, and possible ignition sources, then pair those findings with surveillance video, phone location data, social media posts, and witness accounts. In the Dallas-Fort Worth area, city and county fire marshal offices often work alongside police on these investigations. When two people are accused together, the state may also rely on statements one person makes about the other, which raises important questions about credibility and the right to confront witnesses.
What Defenses Might Apply in a Texas Arson Case?
Defenses often focus on intent, identity, and the science of the fire. The defense may challenge whether surveillance footage clearly shows who started the fire and how, whether the fire was accidental or caused by something else in a deteriorating structure, and whether investigators followed accepted fire-science methods when determining the cause. Where two people are charged, each person’s actual role matters; simply being present near a fire is not the same as intending to start one. For eligible first-time defendants, outcomes like deferred adjudication or reduced charges may be possible depending on the facts.
How L&L Law Group Can Help
L & L Law Group, PLLC defends clients in Frisco, Collin County, and throughout the Dallas-Fort Worth area facing arson, criminal mischief, and other property crime charges. Our attorneys review fire investigation reports, test video and digital evidence, consult qualified fire-science experts when needed, and push back on overcharging. If you or a loved one is under investigation or has been charged, contact L & L Law Group for a confidential consultation.
Can I be charged with arson for burning my own property in Texas? Yes, in some situations, such as when the property is within city limits, insured, or when the fire endangers someone else’s property, so owning the building is not always a defense.
Is arson always a felony in Texas? Arson under Section 28.02 is a felony, generally of the second degree, though the precise level depends on the property involved and whether anyone was hurt.
Do social media videos get used as evidence? Frequently. Prosecutors regularly obtain posts, videos, and messages, so anyone under investigation should avoid posting about the case and speak with a lawyer first.
Reporting this commentary is based on:
ABC 33/40 — Two charged with arson in West Virginia vacant-home fire, court records say
Fox News — TikTok couple charged with arson after house fire