Arson is the intentional burning of property someone else has an interest in, including an insurer or a lender. These charges are always felonies.
Arson frequently overlaps with insurance fraud, where the allegation is that property was destroyed to collect a payout. But arson itself is simply the intentional burning of property that someone else has an interest in, whether that is an owner, an insurance company insuring the property, or a lender holding a loan on it.
Arson charges are always felonies and are treated as very serious allegations. Barrera Defense examines the origin-and-cause findings, the intent allegation, and the financial evidence the state is relying on.
Citation: Texas Penal Code §28.02
Degree and classification: Second-degree felony base, elevated to first-degree if bodily injury or death results, or the property is a habitation or a place of worship or assembly.
Statutory language: A person commits arson if they start a fire or cause an explosion with intent to destroy or damage property under specified conditions, including property that is insured, mortgaged, belonging to another, or burned with reckless endangerment.