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 bill text does not explicitly state that the 20-year sentence must be consecutive with all other sentences, only those arising from the same facts and circumstances.

Expanding Penalties for Arson in Connection with Theft

This law makes it a crime to start or maintain a fire or cause an explosion while someone is inside a building, if the act is connected to stealing something worth at least $25,000 and causes significant damage. It also sets a minimum prison sentence of 20 years for this type of arson.

What This Bill Does

• Expands the definition of first-degree arson to include fires or explosions that happen during a theft when someone is inside the building.
• Requires that if the fire, explosion, or theft causes at least $25,000 in damage, it must be considered as part of the crime.
• Sets a minimum prison sentence of 20 years for anyone found guilty of this type of arson.

Who It Names or Affects

• People who commit arson in connection with theft when someone is present inside a building.
• Courts and law enforcement agencies dealing with such cases.

Terms To Know

Arson

The crime of deliberately setting fire to property, especially buildings.

First-degree arson

A serious form of arson that involves more severe consequences and higher penalties.

Limits and Unknowns

• Does not specify the exact circumstances under which a theft is considered 'in connection' with an act of arson.
• The law only applies to cases where there is significant damage, defined as at least $25,000 worth of damages.

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
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HB328 Enrolled
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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
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HB328 Enrolled
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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.
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HB328 Enrolled
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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
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