WILLIAM DONALD SCHAEFER, Governor Ch. 228
(B) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF THE FELONY OF
ARSON IN THE FIRST DEGREE AND ON CONVICTION IS SUBJECT TO A FINE OF NOT
MORE THAN $50,000 OR IMPRISONMENT FOR NOT MORE THAN 30 YEARS OR BOTH.
COMMITTEE NOTE: This section covers the same types of dwellings covered by
the current arson statute, as well as adding those vehicles and vessels used as
dwellings and which were discussed in the Committee Note under § 5. It also
adds other "occupied structures" to the coverage provided to dwellings under
arson in the first degree. The Committee felt that it was appropriate that the
more stringent penalties apply to other structures if an individual who is not
participating in the offense is actually present, such as places of worship and
office buildings, where the potential for loss of life is the same as in a dwelling.
This section and § 7 also include provisions for fines for violations.
The Committee also recommended that the provisions dealing with causing,
aiding, counseling, and procuring a burning be stricken. The members felt that
the common law on accomplice liability adequately covered these actions. For
future consideration, the Committee intends to study including in the revision
of this article a general article-wide provision dealing with accomplice
liability.
[7.
Any person who wilfully and maliciously sets fire to or burns or causes to be burned
or who aids, counsels or procures the burning of any barn, stable, garage or other building
or pier, wharf, boathouse, or any facility attached to a pier or wharf, whether the property
of himself or of another, not a parcel of a dwelling house; or any shop, storehouse,
warehouse, factory, mill or other building, whether the property of himself or of another;
or any church, meeting house, courthouse, workhouse, school, jail or other public building
or any public bridge; shall be guilty of a felony and upon conviction thereof, be sentenced
to the penitentiary for not more than twenty (20) years.]
7.
(A) A PERSON MAY NOT WILLFULLY AND MALICIOUSLY SET FIRE TO OR
BURN A STRUCTURE, WHETHER THE PROPERTY OF THE PERSON OR OF ANOTHER.
(B) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF THE FELONY OF
ARSON IN THE SECOND DEGREE, AND ON CONVICTION IS SUBJECT TO A FINE OF NOT
MORE THAN $30,000 OR IMPRISONMENT FOR NOT MORE THAN 20 YEARS OR BOTH.
COMMITTEE NOTE: See the Committee Note to §§ 5 and 6 on the definition of
"structure", the striking of the provisions dealing with causing, aiding,
counseling, or procuring a fire, and the addition of fines.
8.
(a) (1) A person may not willfully and maliciously set fire to [, burn or cause to
be burned, or aid, counsel, or procure the burning of] OR BURN any personal property of
another person.
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