No presumption on cause of fire

  1. Law
  2. Arkansas Code
  3. Criminal Offenses
  4. Offenses Against Property
  5. Damage or Destruction of Property
  6. Arson and Other Burning
  7. No presumption on cause of fire

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  1. (a) The purpose of this section is to:

    1. (1) Clarify that there is not a presumption as to the cause of fire related to a violation of this subchapter;

    2. (2) Abolish any common law contrary to this section, including without limitation Johnson v. State, 198 Ark. 871, 131 S.W.2d 934 (1939) and Thomas v. State, 295 Ark. 29, 746 S.W.2d 49 (1988); and

    3. (3) Clarify that there is no change under this section to the public policy as it relates to civil actions involving the cause of a fire.

  2. (b) There is not a presumption in a prosecution brought under this subchapter that:

    1. (1) A fire was caused by:

      1. (A) Accident; or

      2. (B) Natural causes; or

    2. (2) A fire was set on purpose or of incendiary origin.

  3. (c) The burden of proof for the cause of a fire in a prosecution brought under this subchapter is beyond a reasonable doubt as provided under § 5-1-111.

  4. (d) This section does not affect a civil action involving the cause of a fire.


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