1. (a) It shall be a Class C felony for any person to do either of the following:

   1. (1) Willfully, maliciously, or intentionally burn, set fire to, attempt to set fire to, or cause to be burned or any fire to be set to any forest, grass, woodlands, or other inflammable vegetation on any lands not owned, leased, controlled, or in the lawful possession of the person setting the fire or burning such lands or causing the fire to be set or lands to be burned.
   2. (2) Have in his or her possession or set, throw, or place any device, instrument, or other incendiary paraphernalia, including any time-delay incendiary device, in or adjacent to any forest, grass, woodlands, or other inflammable vegetation if the forest, grass, woodland, or other inflammable vegetation is not owned, leased, controlled, or in the lawful possession of the person possessing the device, instrument, or paraphernalia.

2. (b) It shall be a Class B misdemeanor for any person to do any of the following:

   1. (1) Recklessly or with wanton disregard for the safety of persons or property allow a fire to escape from land owned, leased, or controlled by him or her, whereby any property of another is injured or destroyed.
   2. (2) Burn any brush, stumps, logs, rubbish, fallen timber, grass, stubble, or debris of any sort, whether on one’s own land or that of another, without taking reasonably necessary precautions, both before lighting the fire and all times thereafter to prevent the escape thereof.
   3. (3) Set fire to any brush, stumps, logs, rubbish, fallen timber, grass, stubble, or debris of any sort within or near any forest or woodland, unless the area surrounding the material to be burned is cleared of all inflammable material for a reasonably safe distance in all directions and maintained free of all inflammable material so long as such fire continues to burn.
   4. (4) Set a fire within or near any forest, woodland, or grassland without clearing the ground immediately around it free from material that will carry fire or leave such fire before the fire is totally extinguished, or start a fire in any forest, woodland, or grassland by throwing away a lighted cigar, cigarette, or match or by the use of firearms or in any other manner and leave the same unextinguished.
   5. (5) Destroy, remove, injure, or deface any fire warning or notices or deface any inscription or devices comprising such notices.
   6. (6) Conduct any prescribed burning, as defined in 9-13-272, without first obtaining a burn permit from the State Forestry Commission.
3. (c) It shall be a Class A misdemeanor for any person to recklessly or with wanton disregard for the safety of persons or property burn, set fire to, attempt to set fire to, or cause to be burned or any fire to be set to any forest, grass, woodlands, or other inflammable vegetation on any lands not owned, leased, controlled, or in the lawful possession of the person setting the fire or burning such lands or causing the fire to be set or lands to be burned without the permission of the lawful owner.
4. (d) All monies collected for any violation of this section as fines or forfeitures shall be deposited into the Alabama Forestry Commission Fund and shall be used in defraying the expense of the administration of the State Forestry Commission.

(Acts 1939, No. 492, p. 711, §1; Code 1940, T. 8, §204; Acts 1943, No. 464, p. 426, §1; Acts 1980, No. 80-743, p. 1512, §1; Act 98-603, p. 1321, §1; Act 2010-603, p. 1471, §1; Act 2026-402, §1.)