Arson Lawyer Terms and Definitions in Weld County

This page contains the definition of certain Arson terms used in Greeley and Weld County laws as outlined in the Colorado Revised Statues.

 What is the Definition of Building?

First Degree Arson (C.R.S. 18-4-102), Second Degree Arson (C.R.S. 18-4-103), and Fourth Degree Arson (C.R.S. 18-4-105) all deal with someone setting fire to a building. The law defines the word building as a “structure” that is meant to contain or shelter man, animals, or property. More specifically, the law states that “building” can include ships, trailers, sleeping cars, airplanes, or “any other vehicle or place adapted for overnight accommodations of persons or animals, or for carrying on of business [inside] whether or not a person or animal is actually present. (C.R.S. 18-4-101)” Depending on the type of arson charge the District Attorney of Weld County is accusing you of, determining the definition of “building” is essential.

What is the Definition of Occupied Structure?

First Degree Arson (C.R.S. 18-4-102), Second Degree Arson (C.R.S. 18-4-103), and Fourth Degree Arson (C.R.S. 18-4-105) include the term “occupied structure.” Even though “occupied structure” is listed in conjunction with “building,” it does not mean the same thing. This definition includes any area, place, facility, or enclosure that the term “building” does not cover.

What is the Definition of Property?

Second Degree Arson (C.R.S. 18-4-103), Third Degree Arson (C.R.S. 18-4-104), and Fourth Degree Arson (C.R.S. 18-4-105) are committed when “property” is burned or destroyed because of fire or explosives. 2nd and 3rd Degree Arson deals with property of another being burned, while 4th Degree Arson includes property belonging to anyone, even the alleged arsonist. C.R.S. 18-4-101 provides that property is owned by another if they have a “possessory” [relating to possession or the possessor] or “proprietary” [relating to owners or ownership, something owned, privately owned] interest in the property as opposed to the defendant.

CHARGED WITH ARSON IN GREELEY OR WELD COUNTY?

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