How is Arson Defined in New Jersey?
Posted September 25th, 2025.
Categories: Blog.
If you are facing criminal charges for arson in New Jersey, understanding how the offense is defined and the associated penalties is crucial. Reach out to a Cherry Hill arson attorney today for more information and skilled representation.
What is Arson?
Arson is the purposeful or reckless action of starting a fire or causing an explosion. It can involve setting fire to one’s own property or that of another person. The most important factor of arson is the perpetrator’s intent to start the fire or explosion, and it requires that property was damaged, whether it is a building, structure, or other personal property.
How is Arson Defined in NJ?
Under NJ Code 2C:17, there are several types of arson, as described below.
Arson is defined as purposely or knowingly starting a fire or causing an explosion:
- Which recklessly places another person in danger of death or bodily injury,
- Which recklessly places a building, structure, or forest in danger of damage or destruction,
- For the purpose of collecting insurance for the damage or destruction, or
- For the purpose of destroying or damaging a structure in order to exempt the structure from the provisions of any State, county or local zoning, planning or building law, regulation, ordinance or enactment
Aggravated arson occurs when a person starts a fire or explosion:
- Which purposely or knowingly places another person in danger of death or bodily injury,
- For the purpose of destroying a building or structure of another,
- For the purpose of collecting insurance for the damage or destruction under circumstances which recklessly place any other person in danger of death or bodily injury, or
- For the purpose of destroying or damaging a structure in order to exempt the structure from the provisions of any State, county or local zoning, planning or building law, regulation, ordinance or enactment
Arson for hire is the common term for the crime of directly or indirectly:
- Paying or offering to pay any form of compensation or consideration in exchange for the purpose of starting a fire or causing an explosion, or
- Accepting or offering to accept any form of compensation or consideration in exchange for the purpose of starting a fire or causing an explosion
Failure to control or report fire is an offense that occurs when a person knows that a fire is endangering life or a substantial amount of property of another and either fails to take reasonable measures to put out or control the fire if they can do so without substantial risk, or fails to alert proper authorities about the fire, if:
- The person knows that they are under an official, contractual, or other legal duty to prevent or combat the fire, or
- The fire was started by the person, with their approval, or on property in the person’s control
Every type of arson offense can result in felony charges and significant consequences, including imprisonment and fines. If you have questions or concerns about your charges, reach out to an experienced criminal defense attorney today.
