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Sec. 28.02. ARSON. (a) A person commits an offense if he starts a fire or causes an explosion with intent to destroy or damage:
(1) any vegetation, fence, or structure on open-space land; or
(2) any building, habitation, or vehicle:
(A) knowing that it is within the limits of an incorporated city or town;
(B) knowing that it is insured against damage or destruction;
(C) knowing that it is subject to a mortgage or other security interest;
(D) knowing that it is located on property belonging to another;
(E) knowing that it has located within it property belonging to another; or
(F) when he is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another.
(b) It is an exception to the application of Subsection (a)(1) that the fire or explosion was a part of the controlled burning of open-space land.
(c) It is a defense to prosecution under Subsection (a)(2)(A) that prior to starting the fire or causing the explosion, the actor obtained a permit or other written authorization granted in accordance with a city ordinance, if any, regulating fires and explosions.
(d) [amended 9/1/97] An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if it is shown on the trial of the offense that:
(1) bodily injury or death was suffered by any person by reason of the commission of the offense; or
(2) the actor committed the offense knowing that the property intended to be damaged or destroyed was a place of worship.
Before 9/1/97 (d) provided:
(d) An offense under this section is a felony of the second degree, unless bodily injury or death is suffered by any person by reason of the commission of the offense, in which event it is a felony of the first degree.