{
 "citation": "14:52.2",
 "heading": "Negligent arson",
 "doc_id": "1106710",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=1106710",
 "classification": "F",
 "enacted_year": "2018",
 "last_amended_year": "2019",
 "penalties": [
  {
   "subsection": "C(1)",
   "text": "(1) On a first conviction, the offender shall be fined not more than one thousand dollars, or imprisoned for not more than six months, or both.",
   "los_min": "0",
   "los_max": "6M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "C(2)",
   "text": "(2) On a second and subsequent conviction, the offender shall be fined not more than two thousand dollars and imprisoned, with or without hard labor, for not more than two years.",
   "los_min": "0",
   "los_max": "2Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "D",
   "text": "Whoever commits the crime of negligent arson where it is foreseeable that human life might be endangered shall be fined not more than three thousand dollars and imprisoned, with or without hard labor, for not more than three years.",
   "los_min": "0",
   "los_max": "3Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "E",
   "text": "Whoever commits the crime of negligent arson resulting in death or serious bodily injury to a human being shall be fined not more than five thousand dollars and imprisoned, with or without hard labor, for not more than five years.",
   "los_min": "0",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "15:562.3",
  "33:4771",
  "3:17"
 ],
 "text": "RS 14:52.2\n\n\u00a752.2. Negligent arson\n\nA. Negligent arson is the damaging of any building, as defined by R.S. 33:4771, of\nanother by the setting of fire or causing an explosion, without consent of the owner or\ncustodian of the building, when the offender's criminal negligence causes the fire or the\nexplosion.\n\nB. If the offender knows or should have known that he has no possessory right to the\nbuilding or other interest therein, or has not previously established a right of entry into or\nonto the building, it may be inferred that the setting of the fire or the causing of the explosion\nwas without consent of the owner or custodian of the building.\n\nC. Whoever commits the crime of negligent arson where it is not foreseeable that\nhuman life might be endangered shall be subject to the following:\n\n(1) On a first conviction, the offender shall be fined not more than one thousand\ndollars, or imprisoned for not more than six months, or both. In addition, the offender shall\nbe ordered to pay restitution for damages sustained.\n\n(2) On a second and subsequent conviction, the offender shall be fined not more than\ntwo thousand dollars and imprisoned, with or without hard labor, for not more than two\nyears. In addition, the offender shall be ordered to pay restitution for damages sustained.\n\nD. Whoever commits the crime of negligent arson where it is foreseeable that human\nlife might be endangered shall be fined not more than three thousand dollars and imprisoned,\nwith or without hard labor, for not more than three years. In addition, the offender shall be\nordered to pay restitution for damages sustained.\n\nE. Whoever commits the crime of negligent arson resulting in death or serious bodily\ninjury to a human being shall be fined not more than five thousand dollars and imprisoned,\nwith or without hard labor, for not more than five years. In addition, the offender shall be\nordered to pay restitution for damages sustained.\n\nF. Any person convicted of a violation of this Section shall register with the state fire\nmarshal in accordance with R.S. 15:562.3.\n\nG. The provisions of this Section shall not apply to commonly accepted practices of\nprescribed burning of agricultural and forestry land including prescribed burning done in\naccordance with R.S. 3:17.\n\nActs 2018, No. 576, \u00a71, eff. May 31, 2018; Acts 2019, No. 2, \u00a71."
}