When hiking and biking in the mountains and foothills, there aren’t always facilities around when nature calls. One cyclist answered that call in the foothills, using nature as his receptacle and ended up started a fire. According to the news report, the man stopped to defecate and decided to clean up by lighting the toilet paper on fire. Unfortunately, he lost control of the embers and they ended up igniting the dry grass. It got out of control quickly and a 73-acre wildfire ensued. It took several hours for the firefighters to contain the flames. If this had occurred in the foothills of Colorado, the man would be facing 2nd Degree Arson charges.
What is Second Degree Arson in Larimer County?
In Larimer, Boulder, and Grand County, Second Degree Arson – C.R.S. 18-4-103 – is defined as:
Even though the man did not intend to set a 73-acre fire, he did intentionally set fire to the toilet paper, and that action caused the wildfire. Because the property was burned, he would be facing this serious charge – all because of a simple accident.
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What is the Punishment for 2nd Degree Arson in Fort Collins?
Second Degree Arson can be charged as a misdemeanor or felony in Fort Collins, Loveland, or Estes Park, depending on the amount of damage the fire caused:
| Arson | Charged As | When |
| 2nd Degree Arson | Class 2 Misdemeanor | Damage is less than $100 |
| Second Degree Arson | Class 4 Felony | Damage is $100 or more |
The difference between a class 2 misdemeanor and a class 4 felony is substantial. A class 2 misdemeanor is punishable by:
3 to 12 months in the Larimer County Jail and up to $1,000 in fines.
On the other hand, a class 4 felony is punishable by:
2 to 6 years in the Colorado Department of Corrections and up to $500,000 in fines.
Think about it, if an accidental fire caused $105 worth of damage, that’s up to 6 years in prison. Now, the man from the story above obviously caused more than $100 in damages, as the fire covered 73 acres, but it was not on purpose. An experienced criminal defense lawyer could argue the circumstances to fight this harsh crime and protect this man’s future.