Pennsylvania SB 1404: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in arson, criminal mischief and other property destruction, further providing for the offense of arson and related offenses.

Bill Text

PRINTER'S NO. 1853
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1404
Session of
2026
INTRODUCED BY FARRY, LANGERHOLC, BARTOLOTTA, PHILLIPS-HILL,
J. WARD, VOGEL, STEFANO AND PICOZZI, JUNE 26, 2026
REFERRED TO JUDICIARY, JUNE 26, 2026
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in arson, criminal mischief and other
property destruction, further providing for the offense of
arson and related offenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3301(a) and (a.1) of Title 18 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 3301. Arson and related offenses.
(a) Arson endangering persons.--
[(1) A person commits a felony of the first degree if he
intentionally starts a fire or causes an explosion, or if he
aids, counsels, pays or agrees to pay another to cause a fire
or explosion, whether on his own property or on that of
another, and if:
(i) he thereby recklessly places another person in
danger of death or bodily injury, including but not
limited to a firefighter, police officer or other person
actively engaged in fighting the fire; or
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(ii) he commits the act with the purpose of
destroying or damaging an inhabited building or occupied
structure of another.]
(1) A person commits the offense of arson endangering
persons, which shall be graded as a felony of the first
degree, by:
(i) r ecklessly placing another person in danger of
death or bodily injury, including , but not limited to , a
firefighter, police officer or other person actively
engaged in fighting the fire as a result of intentionally
starting a fire or causing an explosion, or if the person
aids, counsels, pays or agrees to pay another to cause a
fire or explosion, whether on the person's own property
or on that of another; or
(ii) purposely destroying or damaging an inhabited
building or occupied structure of another as a result of
intentionally starting a fire or causing an explosion, or
if the person aids, counsels, pays or agrees to pay
another to cause a fire or explosion, whether on the
person's own property or on that of another.
(2) A person who commits arson endangering persons is
guilty of murder of the second degree if the fire or
explosion causes the death of any person, including but not
limited to a firefighter, police officer or other person
actively engaged in fighting the fire, and is guilty of
murder of the first degree if the fire or explosion causes
the death of any person and was set with the purpose of
causing the death of another person.
(3) Nothing in this subsection shall be construed to
limit the ability of the Commonwealth to seek prosecution for
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a violation or violations of this subsection as a result of
multiple violations occurring from the same criminal episode.
(a.1) Aggravated arson.--
[(1) A person commits a felony of the first degree if he
intentionally starts a fire or causes an explosion, or if he
aids, counsels, pays or agrees to pay another to cause a fire
or explosion, whether on his own property or on that of
another, and if:
(i) he thereby attempts to cause, or intentionally,
knowingly or recklessly causes bodily injury to another
person, including, but not limited to, a firefighter,
police officer or other person actively engaged in
fighting the fire; or
(ii) he commits an offense under this section which
is graded as a felony when a person is present inside the
property at the time of the offense.]
(1) A person commits the offense of aggravated arson,
which shall be graded as a felony of the first degree, by:
(i) attempting to cause or intentionally, knowingly
or recklessly causing bodily injury to another person,
including, but not limited to, a firefighter, police
officer or other person actively engaged in fighting the
fire as a result of intentionally starting a fire or
causing an explosion, or if the person aids, counsels,
pays or agrees to pay another to cause a fire or
explosion, whether on the person's own property or on
that of another; or
(ii) c ommitting an offense under this section which
is graded as a felony when a person is present inside the
property at the time of the offense as a result of
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intentionally starting a fire or causing an explosion, or
if the person aids, counsels, pays or agrees to pay
another to cause a fire or explosion, whether on the
person's own property or on that of another.
(2) A person who commits aggravated arson is guilty of
murder of the second degree if the fire or explosion causes
the death of any person, including, but not limited to, a
firefighter, police officer or other person actively engaged
in fighting the fire.
( 3) Nothing in this subsection shall be construed to
limit the a