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Arson 3-rd degree

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shuurik

Member
What is the name of your state? KY

513.040 Arson in the third degree, KY statute states:
A person guilty of arson in the third degree if he wantonly causes destruction or damage to a building of his own or of another by intentionally starting a fire or causing an explosion.

In this definition, does a melted surface of a bathtub constitutes damage to a building? The damage was on a plastic tub (thought it was ceramic in the first place) and the total repair of resurfacing costed $304.00.

The person is charged with Arson in 3-rd degree for burning papers in the tub.

Thanks a lot,
 


HomeGuru

Senior Member
shuurik said:
What is the name of your state? KY

513.040 Arson in the third degree, KY statute states:
A person guilty of arson in the third degree if he wantonly causes destruction or damage to a building of his own or of another by intentionally starting a fire or causing an explosion.

In this definition, does a melted surface of a bathtub constitutes damage to a building? The damage was on a plastic tub (thought it was ceramic in the first place) and the total repair of resurfacing costed $304.00.

The person is charged with Arson in 3-rd degree for burning papers in the tub.

Thanks a lot,

**A: yes it does since a tub is considered a fixture appurtenant to the building. Especially if the tub was not filled with water at the time of the fire.
 
Last edited:

seniorjudge

Senior Member
In this definition, does a melted surface of a bathtub constitutes damage to a building?

I agree; sounds like a good charge to me.
 

shuurik

Member
i am just trying to find out if one action with two different outcomes would be charged differently or not. It's the action that needs to be looked at, not the outcome.
 

seniorjudge

Senior Member
shuurik said:
i am just trying to find out if one action with two different outcomes would be charged differently or not. It's the action that needs to be looked at, not the outcome.
No, it's the outcome (according to what you posted).

513.040 Arson in the third degree, KY statute states:
A person guilty of arson in the third degree if he wantonly causes destruction or damage to a building of his own or of another by intentionally starting a fire or causing an explosion.
 

HomeGuru

Senior Member
shuurik said:
i am just trying to find out if one action with two different outcomes would be charged differently or not. It's the action that needs to be looked at, not the outcome.

**A: ok, then finish up your homework and run along..........
 

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