A. Any person who willfully and maliciously attempts to set fire to or burn or attempts by use of any explosive device or substance to destroy in whole or in part, or causes to be burned or destroyed, or attempts to counsel or procure the burning or destruction of any building or property mentioned in Sections 1401, 1402 or 1403 of this title shall be guilty of arson in the fourth degree, a Class C2 felony offense, and upon conviction thereof shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00), or be confined as provided for in subsections B through F of Section 20M of this title, or both. B. The placing or distributing of any flammable, explosive or combustible material or substance or any device in any building or property mentioned in Sections 1401, 1402 or 1403 of this title, in an arrangement or preparation with intent to eventually willfully and maliciously set fire to or burn or to procure the setting fire to or burning of same, shall for the purposes of this section constitute an attempt to burn such building or property, and shall be guilty of arson in the fourth degree, a Class C1 felony offense, and upon conviction thereof shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00), or be confined as provided for in subsections B through E of Section 20L of this title, or both. Added by Laws 1967, c. 115, § 4, emerg. eff. April 25, 1967. Amended by Laws 1979, c. 165, § 4, emerg. eff. May 15, 1979; Laws 1997, c. 133, § 350, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 243, eff. July 1, 1999; Laws 2025, c. 486, § 195, eff. Jan. 1, 2026.
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