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Arson penalties may stiffen in SC

Lawmakers are weighing new arson laws that would distinguish the types of structures burned

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By Glen Luke Flanagan
The State

COLUMBIA, S.C. — Don’t play with fire — that’s the message a bill before the S.C. Legislature aims to send to would-be arsonists.

House Bill 3545 will restructure degrees of arson if the bill becomes law. Right now, state law doesn’t differentiate between type of buildings burned, and only levels a 1st degree arson charge — the most serious kind — when there is a death, according to Jason Pope, deputy director of the South Carolina Firefighters’ Association.

The goal of the legislation is to show the value of a building burned, such as the difference between a church and a small shed, and to allow a more serious charge for serious injuries.

“You could burn my house down or you could burn the State House — it would be the same conviction,” Pope said.

Currently, state law requires a charge of 1st degree arson if someone dies in a fire, 2nd degree arson for cases of serious bodily injury, and 3rd degree arson for other injuries and property damage.

These standards took hold in 2010 with the passage of the Omnibus Crime Reduction and Sentencing Reform Act — a lengthy document revising numerous criminal charges. House Bill 3545 changes arson law back to what it was before 2010.

That means a charge of 1st degree arson for death or serious injury, 2nd degree for buildings such as churches, homes and offices, and 3rd degree for sheds, cars, and similar property, according to Robert Stewart, one of the lobbyists representing the Firefighters’ Association.

The bill currently is in committee, where representatives and senators are working to hammer out its final language. Legislators are on board with the degrees of arson, but are debating another aspect of the bill, Pope said.

“We’re just waiting on those conferees to meet again and come to an agreement,” he said. “As far as the Firefighters’ Association is concerned, we’re good.”

Part of the bill’s goal is deterrence — stiffer penalties for burning residences and other buildings, Stewart said. Another part is just common sense, he said.

“If someone burns a house or a place of worship — and there’s nobody injured or killed in it — just the fact they burned the building shouldn’t be in the same category as someone who sets a car or a shed in a back yard on fire,” he said.

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(c)2016 The State (Columbia, S.C.)

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