25.1221.01002
Title.02000
Adopted by the Judiciary Committee
Sixty-ninth
February 4, 2025
Legislative Assembly
of North Dakota
Introduced by
Representatives M. Ruby, Nelson
Senator Klein
A BILL for an Act to amend and reenact sections 12.1-21-01 and 12.1-21-02 of the North
Dakota Century Code, relating to arson and endangering by fire or explosion; and to provide a
penalty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 12.1-21-01 of the North Dakota Century Code is
amended and reenacted as follows:
12.1-21-01. Arson.
A person
1.An individual is guilty of arson, a class B felony, if hethe individual starts or maintains a
fire or causes an explosion with intent to destroy an:
a.An entire or any part of a building or inhabited structure of another or a vital
public facility, or if he starts or maintains a fire or causes an explosion with intent
to destroy or;
b.Or damage histhe individual's own real or personal property for the purpose of
collecting insurance for the loss.;
c.Or damage the individual's own real property for the purpose of depriving another
with a legal interest in the real property damaged or destroyed; or
d.Or damage the individual's own personal property for the purpose of depriving
another with a legal interest in the personal property damaged or destroyed, and
Page No. 1 25.1221.01002
HOUSE BILL NO. 1528
PROPOSED AMENDMENTS TO
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19 Sixty-ninth
Legislative Assembly
the value of the personal property damaged or destroyed has a value in excess
of two thousand dollars.
2.For purposes of this section, "a legal interest" includes, a joint legal interest by joint
ownership of the property, or an individual's own legal interest in property financed by
another, such as a mortgage, contract, deed, or lien.
SECTION 2. AMENDMENT. Section 12.1-21-02 of the North Dakota Century Code is
amended and reenacted as follows:
12.1-21-02. Endangering by fire or explosion.
1.A personAn individual is guilty of an offense if he the individual intentionallythe
individual willfully starts or maintains a fire or causes an explosion and thereby
recklessly:
a.Places another person in danger of death or bodily injury;
b.Places an entire or any part of a building or inhabited structure of another or a
vital public facility in danger of destruction; or
c.Causes damage to property of another constituting pecuniary loss in excess of
two thousand dollars.
2.If an individual is under the influence of an intoxicating liquor or drug which resulted in
or contributed to starting a fire, the individual's state of being under the influence is
prima facie evidence of the intent to violate the provisions of this section.
3.For purposes of this section, "person in danger" includes, fire department , law
enforcement, and emergency medical personnel, a firefighter, and a volunteer
firefighter while responding to a fire or during fire suppression efforts.
4. 3. The offense is a class A felony if the fire or explosion results in the death of another.
The offense is a class B felony if the actor places another person in danger of death
under circumstances manifesting an extreme indifference to the value of human life.
Otherwise it is a class C felony.
Page No. 2 25.1221.01002
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