GA Code § 16-7-60 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 7 - Damage to and Intrusion Upon Property|Article 3 - Arson and Explosives|§ 16-7-60. Arson in the First Degree

  A person commits the offense of arson in the first degree when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage:   Any dwelling house of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both, whether it is occupied, unoccupied, or vacant;   Any building, vehicle, railroad car, watercraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both, if such structure is designed for use as a dwelling, whether it is occupied, unoccupied, or vacant;   Any dwelling house, building, vehicle, railroad car, watercraft, aircraft, or other structure whether it is occupied, unoccupied, or vacant and when such is insured against loss or damage by fire or explosive and such loss or damage is accomplished without the consent of both the insurer and the insured;   Any dwelling house, building, vehicle, railroad car, watercraft, aircraft, or other structure whether it is occupied, unoccupied, or vacant with the intent to defeat, prejudice, or defraud the rights of a spouse or co-owner; or   Any building, vehicle, railroad car, watercraft, aircraft, or other structure under such circumstances that it is reasonably foreseeable that human life might be endangered.     A person also commits the offense of arson in the first degree when, in the commission of a felony, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage anything included or described in subsection (a) of this Code section.   A person convicted of the offense of arson in the first degree shall be punished by a fine of not more than $50,000.00 or by imprisonment for not less than one nor more than 20 years, or both.    (Ga. L. 1924, p. 192, § 1; Code 1933, § 26-2208; Ga. L. 1949, p. 1118, § 2; Code 1933, § 26-1401, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976, p. 1497, § 1; Ga. L. 1979, p. 935, § 1; Ga. L. 2004, p. 734, § 1.)   Editor's notes.   - Ga. L. 2004, p. 734, § 4, not codified by the General Assembly, provides that the amendment to this Code section is not applicable to any offense committed prior to July 1, 2004, and that any such offense shall be punishable as provided by the statute in effect at the time the offense was committed.   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Evidence   Jury Instructions    RESEARCH REFERENCES   Am. Jur. 2d.   - 5 Am. Jur. 2d, Arson and Related Offenses, § 1 et seq. 31A Am. Jur. 2d, Explosions and Explosives, §§ 169 et seq., 191.   C.J.S.   - 6A C.J.S., Arson, § 1 et seq.   ALR.    - Ownership of property as affecting criminal liability for burning thereof, 17 A.L.R. 1168.   Vacancy or nonoccupancy of building as affecting its character as "dwelling" as regards arson, 44 A.L.R.2d 1456.   Burning of building by mortgagor as burning property of another so as to constitute arson, 76 A.L.R.2d 524.