Crimes and offenses; arson in the first degree, elements of crime further provided to include arson in connection to a theft; minimum penalties provided

Plain English Breakdown

The official text confirms the $25,000 threshold but does not define how 'conjunction with' theft will be interpreted in court.

Alabama Law Change on Arson and Theft

This law adds a new way to commit first-degree arson in Alabama by linking fire or explosions with theft that causes at least $25,000 in damage while someone is present.

What This Bill Does

• Changes the definition of first-degree arson to include starting fires or causing explosions during a theft if another person is present and damages are at least $25,000.
• Sets a minimum prison sentence of 20 years for anyone convicted under these rules.

Who It Names or Affects

• People who start fires or cause explosions while stealing property in Alabama buildings when someone else is present and damages reach at least $25,000.
• Courts sentencing individuals for first-degree arson cases involving theft that meet the new damage requirements.

Terms To Know

Arson in the first degree

A serious crime where a person intentionally damages a building by fire or explosion while someone is present, now including cases linked to theft with significant damage.

Consecutive sentence

A prison term that must be served one after another rather than at the same time as other sentences for related crimes.

Limits and Unknowns

• This law only applies when a person is present in the building and damages from the fire, explosion, or theft total $25,000 or more.
• The specific details of how courts will prove 'conjunction with' theft are not explained in this text.

Official Summary Text

This act amends Section 13A-7-41, Code of Alabama 1975, to: (1) expand the crime of arson to include damaging a building by starting or maintaining a fire or causing an explosion while an individual is present in the building in conjunction with a theft and the theft, fire, or explosion causes at least $25,000 in damages; and (2) further provide for the penalty for arson to include imprisonment for at least 20 years to run consecutively with any other term or imprisonment arising from the act.

Current Bill Text

HB328 ENROLLED
Page 0
HB328
4UCQPRI-3
By Representatives Faulkner, Colvin
RFD: Judiciary
First Read: 22-Jan-26
1
2
3
4
5
HB328 Enrolled
Page 1
First Read: 22-Jan-26
Enrolled, An Act,
Crimes and offenses; to amend Section 13A-7-41, Code of
Alabama 1975, to further provide for the crime of arson in the
first degree to establish alternative means by which the crime
may occur; and to provide minimum criminal penalties for a
violation.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-7-41, Code of Alabama 1975, is
amended to read as follows:
"§13A-7-41
(a) A person commits the crime of arson in the first
degree if he or she intentionally damages a building by
starting or maintaining a fire or causing an explosion, while
another person is present in the building at the time, and
when either of the following occur :
(1) Another person is present in such building at the
time, and
(2)(1) The actor knows that fact, or the circumstances
are such as to render the presence of a person therein a
reasonable possibility ; or
(2) The fire or explosion is started in conjunction
with or to effectuate a theft, and the fire or explosion or
accompanying theft results in damages of twenty-five thousand
dollars ($25,000) or more .
(b) Arson in the first degree is a Class A felony and
shall be punished by a term of imprisonment of not less than
20 years. The term of imprisonment shall run consecutive with
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
HB328 Enrolled
Page 2
20 years. The term of imprisonment shall run consecutive with
any other term of imprisonment for any other offense arising
out of the same facts and circumstances ."
Section 2. This act shall become effective on October
1, 2026.
29
30
31
32
HB328 Enrolled
Page 3
1, 2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 24-Feb-26.
John Treadwell
Clerk
Senate 08-Apr-26 Passed
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65