The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 54 Original 2018 Regular Session Martiny
Proposed law creates the crime of negligent arson. Proposed law defines negligent arson as the
damaging of any property of another, movable or immovable, by the setting of fire or causing an
explosion, without consent of the owner or custodian of the property, under any of the following
circumstances:
(1)The offender knowingly enters into or onto the property and causes the setting of a fire or an
explosion by either criminal conduct not requiring either specific or general criminal intent,
or by the offender's criminal negligence. (Present law defines "specific criminal intent" as
that state of mind existing when the circumstances indicate that the offender actively desired
the prescribed criminal consequences to follow his act or failure to act. Present law defines
"general criminal intent" as being present whenever there is specific intent, and also when
the circumstances indicate that the offender, in the ordinary course of human experience,
must have adverted to the prescribed criminal consequences as reasonably certain to result
from his act or failure to act. Present law defines "criminal negligence" as existing when,
although neither specific nor general criminal intent is present, there is such disregard of the
interest of others that the offender's conduct amounts to a gross deviation below the standard
of care expected to be maintained by a reasonably careful man under like circumstances.)
If the offender knows or should have known that he has no possessory right to the property
or other interest therein, or had not previously established a right of entry into or onto the
property, then the entry into or onto the property is deemed to have been without consent.
(2) The offender is engaged in the manufacturing or attempted manufacturing of a controlled
dangerous substance.
(3) The offender is engaged in the manufacturing or attempted manufacturing of a bomb, as
prohibited by present law.
(4) The offender causes the setting of a fire or an explosion and fails to immediately report the
fire or explosion to the proper authorities, including any law enforcement agency, fire
department, emergency services, or government agency within the jurisdiction in which the
property is located.
Proposed law provides that if the owner or custodian of the property is absent and cannot be located,
the absence of the owner or custodian does not prohibit the institution of criminal charges or the
prosecution of the offender.
Proposed law provides that proposed law does not apply: (1) When the cause of the fire or explosion is classified as either "accidental" or "natural" in
accordance with Chapter 20 of NFPA 921 of the National Fire Protection Association.
(2) When the fire or explosion was part of a permissible controlled burning of open space land
or other property by the owner or custodian of the property. For purposes of proposed law,
"open space land" means any real property that is undeveloped for the purpose of human
habitation.
Proposed law provides that it is a defense to prosecution under proposed law that, prior to starting
the fire or explosion, the person obtained a permit or other written authorization granted in
accordance with applicable state, municipal, or parochial statute or ordinance.
Proposed law provides that whoever commits the crime of negligent arson, where the damage done
amounts to $5,000 or less, and where there was no immediate threat to human life:
(1) On a first conviction is to be fined not more than $1,000, imprisoned for not more than one
year, or both, and in addition must pay restitution.
(2)On a second and subsequent conviction, is to be fined not more than $2,500 and imprisoned,
with or without hard labor, for between six months and two years, and in addition must pay
restitution.
Proposed law provides that whoever commits the crime of negligent arson, where the damage done
amounts to more than $5,000, and where there was no immediate threat to human life, is to be fined
not more than $5,000 or imprisoned, with or without hard labor, for not more than two years, or both,
and in addition must pay restitution.
(3) Whoever commits the crime of negligent arson, where there was an immediate threat to
human life or where bodily injury was sustained, is to be fined between $10,000 and
$15,000, or imprisoned, with or without hard labor, for up to five years, or both, and in
addition must pay restitution.
(4) Whoever commits the crime of negligent arson resulting in the death of a person is to be
fined between $20,000 and $50,000, or imprisoned, with or without hard labor, for between
five years and 20 years, or both, and in addition must pay restitution.
Proposed law further provides that any person convicted of a violation of proposed law must register
with the state fire marshal in accordance with present law requiring the registration of certain arson
offenders.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 14:52.2)