Legislative Update – Statute Change effective July 1, 2006.

By Rose Rozmiarek, Kansas State Fire Marshal’s Office

Chief of Investigations

One change to the arson statutes we were able to get passed during the 2006 legislative session was the part on the injury to a firefighter or investigator.  That means if you have a fire that was unoccupied, an injury to a firefighter or investigator resulted, and the fire was determined to be arson, the charge would be changed to aggravated arson instead of just arson.  The end result would be in the severity level of the felony and the sentencing requirements for the higher felony.  This statute change took effect July 1, 2006 and it reads as such:

Sec. 4. K.S.A. 21-3719 is hereby amended to read as follows: 21-

3719. (a) Aggravated arson is arson, as defined in K.S.A. 21-3718 and

amendments thereto, and:

(1) Committed upon a building or property in which there is a human

being.; or

(2) which results in great bodily harm or disfigurement to a firefighter

or law enforcement officer in the course of fighting or investigating the

fire.

(b) (1) Aggravated arson as described in subsection (a)(1) resulting

in a substantial risk of bodily harm is a severity level 3, person felony.

(2) Aggravated arson as described in subsection (a)(1) resulting in no

substantial risk of bodily harm is a severity level 6, person felony.

(3) Aggravated arson as described in subsection (a)(2) is a severity

level 3, person felony.

Keep in mind the language used in the statute that there must be great bodily harm or disfigurement to the firefighter or investigator.  A simple laceration or minor injury is not going to apply.  If there are any questions as if a particular incident or injury falls under this statute you will need to consult with your local district or county attorney.