Indiana Arson Penalties (2026)

Arson and intentional fire-setting charges charges in Indiana: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing arson charges in Indiana, consult a licensed Indiana criminal defense attorney.

Indiana Arson Penalties

OffensePenalty
First OffenseLevel 4 felony: 2-12 years; Level 2: 10-30 years (occupied structure)
Second OffenseHabitual offender: additional 6-20 years

IC §35-43-1-1

Arson Statute of Limitations in Indiana

In Indiana, the statute of limitations for theft and property crimes is generally 5 years.

See all Indiana statutes of limitations →

Defending Against Arson Charges in Indiana

Common defenses in Indiana arson cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Indiana criminal defense attorney for advice.

Related Indiana Laws