Offenses Against Property

ORS 164.315
Arson in the second degree


A person commits the crime of arson in the second degree if:


By starting a fire or causing an explosion, the person intentionally damages:


Any building of another that is not protected property; or


Any property of another and the damages to the property exceed $750; or


By knowingly engaging in the manufacture of methamphetamine, the person causes fire or causes an explosion that damages property described in paragraph (a) of this subsection.


Arson in the second degree is a Class C felony. [1971 c.743 §143; 2001 c.432 §1; 2005 c.706 §3]

Notes of Decisions

Error, if any, in admission of evidence that defendant had damaged father’s automobile after argument, was harmless where father testified that, on evening of fire, defendant stated that he had set fire to barn and hoped it would burn to ground. State v. Mulvihill, 35 Or App 627, 582 P2d 43 (1978)

Arson in second degree may be lesser included offense under indictment for arson in first degree of another’s protected property. State v. Gibson, 42 Or App 575, 600 P2d 962 (1979), Sup Ct review denied

COMPLETED CITATIONS: State v. Washington, 5 Or App 347, 483 P2d 465 (1971), Sup Ct review denied


Last accessed
Mar. 11, 2023