Arson Charge for Scorch Marks

[lawfacts]

A college student was goofing around with a lighter in a laundry room of a dormitory, and set fire to an energy label that was stuck on the side of a washing machine. He put out the fire, but the paint on a six-inch area of the washer was discolored. Later, campus security identified him from video surveillance and he was charged with fourth degree arson, and later with criminal mischief. Are those charges valid, under Colorado law?

[Mr. Knowitall]

I suspect that the mischief charge was added or that the original arson charge was amended to mischief due to anticipated difficulty proving that the fire placed the building in danger of damage. The mischief charge is much easier to prove. Either way, it's a criminal misdemeanor and the student should be working with a lawyer.

1. A person who knowingly or recklessly starts or maintains a fire or causes an explosion, on his own property or that of another, and by so doing places another in danger of death or serious bodily injury or places any building or occupied structure of another in danger of damage commits fourth degree arson.

2. Fourth degree arson is a class 4 felony if a person is thus endangered.

3. Fourth degree arson is a class 2 misdemeanor if only property is thus endangered and the value of the property is one hundred dollars or more.

4. Fourth degree arson is a class 3 misdemeanor if only property is thus endangered and the value of the property is less than one hundred dollars.

(1) Any person who knowingly damages the real or personal property of one or more other persons, including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode commits a class 3 misdemeanor where the aggregate damage to the real or personal property is less than one hundred dollars. Where the aggregate damage to the real or personal property is one hundred dollars or more but less than five hundred dollars, such person commits a class 2 misdemeanor. Where the aggregate damage to the real or personal property is five hundred dollars or more but less than fifteen thousand dollars, such person commits a class 4 felony. Where the aggregate damage to the real or personal property is fifteen thousand dollars or more, such person commits a class 3 felony.

(2) If the court determines on the record that the underlying factual basis for any conviction of criminal mischief pursuant to subsection (1) of this section, or adjudication as a juvenile delinquent for an act that would constitute criminal mischief pursuant to subsection (1) of this section if committed by an adult, involves defacing property as described in section 18-4-509 (2), the offender's driver's license shall be revoked as provided in section 42-2-125, C.R.S.