An act to amend and reenact sections 12.1-21-01 and 12.1-21-02 of the North Dakota Century Code, relating to arson and endangering by fire or explosion; and to provide a penalty., the official text

Sixty-ninth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1528 (Representatives M. Ruby, Nelson)
(Senator Klein)
AN ACT to amend and reenact sections 12.1-21-01 and 12.1-21-02 of the North Dakota Century Code, relating to arson and endangering by fire or explosion; and to provide a penalty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. AMENDMENT. Section 12.1-21-01 of the North Dakota Century Code is amended and
reenacted as follows: 12.1-21-01. Arson. A person 1. An individual is guilty of arson, a class B felony, if hethe individual starts or maintains a fire or causes an explosion with intent to destroy an: a. An entire or any part of a building or inhabited structure of another or a vital public facility, or if he starts or maintains a fire or causes an explosion with intent to destroy or; b. Or damage histhe individual's own real or personal property for the purpose of collecting insurance for the loss.; c. Or damage the individual's own real property for the purpose of depriving another with a legal interest in the real property damaged or destroyed; or d. Or damage the individual's own personal property for the purpose of depriving another with a legal interest in the personal property damaged or destroyed, and the value of the personal property damaged or destroyed has a value in excess of two thousand dollars. 2. For purposes of this section, "a legal interest" includes, a joint legal interest by joint ownership of the property, or an individual's own legal interest in property financed by another, such as a mortgage, contract, deed, or lien. SECTION 2. AMENDMENT. Section 12.1-21-02 of the North Dakota Century Code is amended and
reenacted as follows: 12.1-21-02. Endangering by fire or explosion. 1. A personAn individual is guilty of an offense if hethe individual intentionally starts or maintains a fire or causes an explosion and thereby recklessly: a. Places another person in danger of death or bodily injury; b. Places an entire or any part of a building or inhabited structure of another or a vital public facility in danger of destruction; or c. Causes damage to property of another constituting pecuniary loss in excess of two thousand dollars. 2. For purposes of this section, "person in danger" includes, fire department, law enforcement, and emergency medical personnel, a firefighter, and a volunteer firefighter while responding to a fire or during fire suppression efforts.

H. B. NO. 1528 - PAGE 2 3. The offense is a class B felony if the actor places another person in danger of death under
circumstances manifesting an extreme indifference to the value of human life. Otherwise it is a class C felony.

H. B. NO. 1528 - PAGE 3

____________________________ Speaker of the House

____________________________ President of the Senate

____________________________ Chief Clerk of the House

____________________________ Secretary of the Senate

This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as House Bill No. 1528.

House Vote: Senate Vote:

Yeas 89 Yeas 45

Nays 0 Nays 0

Absent 5 Absent 2

____________________________ Chief Clerk of the House
Received by the Governor at ________M. on _____________________________________, 2025. Approved at ________M. on __________________________________________________, 2025.

____________________________ Governor
Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.

____________________________ Secretary of State