(a) A person commits the crime of arson in the second degree when he knowingly damages a building or inhabitable structure by starting a fire or causing an explosion.
(b) A person does not commit a crime under this section if:
(1) no person other than himself has a possessory, proprietary, or security interest in the damaged building, or if other persons have those interests, all of them consented to his conduct; and
(2) his sole purpose was to destroy or damage the building for a lawful and proper purpose.
(c) The defendant has the burden of injecting the issue under subsection (b).
(d) Arson in the second degree is a class C felony.History: 1979, PL 16-43 § 2.
Research Guide: MCC 569.050, 15 ASC 181, 15 ASC 182.