1. (a) Arson is:

   1. (1) Knowingly, by means of fire or explosive damaging any building or property which:

      1. (A) Is a dwelling in which another person has any interest without the consent of such other person;
      2. (B) is a dwelling with intent to injure or defraud an insurer or lienholder;
      3. (C) is not a dwelling in which another person has any interest without the consent of such other person; or
      4. (D) is not a dwelling with intent to injure or defraud an insurer or lienholder;
   2. (2) accidentally, by means of fire or explosive, as a result of manufacturing or attempting to manufacture a controlled substance or controlled substance analog in violation of K.S.A. 21-5703, and amendments thereto, damaging any building or property which is a dwelling; or
   3. (3) accidentally, by means of fire or explosive as a result of manufacturing or attempting to manufacture a controlled substance or controlled substance analog in violation of K.S.A. 21-5703, and amendments thereto, damaging any building or property which is not a dwelling.

2. (b) Aggravated arson is arson, as defined in subsection (a):

   1. (1) Committed upon a building or property in which there is a human being; or
   2. (2) which results in great bodily harm or disfigurement to a firefighter or law enforcement officer in the course of fighting or investigating the fire.

3. (c) (1) Arson as defined in:

   1. (A) Subsection (a)(1)(A) or (a)(1)(B) is a severity level 6, person felony;
   2. (B) subsection (a)(1)(C), (a)(1)(D) or (a)(3) is a severity level 7, nonperson felony; and
   3. (C) subsection (a)(2) is a severity level 7, person felony.

   4. (2) Aggravated arson as defined in:

      1. (A) Subsection (b)(1) is a:

         1. (i) Severity level 3, person felony, if such crime results in a substantial risk of bodily harm; and
         2. (ii) severity level 6, person felony, if such crime results in no substantial risk of bodily harm; and
      2. (B) subsection (b)(2) is a severity level 3, person felony.

L. 2010, ch. 136, § 98; L. 2011, ch. 30, § 37; July 1.