CRIMINAL CODE 2002 - SECT 404 Arson

CRIMINAL CODE 2002 - SECT 404

    (1)     A person commits an offence if the person—

        (a)     causes damage to a building or vehicle by fire or explosive; and

        (b)     intends to cause, or is reckless about causing, damage to that or any other building or vehicle.

Maximum penalty: 1 500 penalty units, imprisonment for 15 years or both.

    (2)     A person commits an offence if the person—

        (a)     makes to someone else ( person B ) a threat to damage, by fire or explosive, a building or vehicle belonging to person B or to another person; and

        (b)     intends to cause, or is reckless about causing, person B to fear that the threat will be carried out.

Maximum penalty: 700 penalty units, imprisonment for 7 years or both.

    (3)     In a prosecution for an offence against subsection (2) it is not necessary to prove that the person threatened (person B) actually feared that the threat would be carried out.

    (4)     In this section:

"building" includes—

        (a)     part of a building; or

        (b)     any structure (whether or not moveable) that is used, designed or adapted for residential purposes.

"vehicle" means motor vehicle, motorised vessel or aircraft.