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To: SAJ

I found this in the Arizona Code, Title 13:

13-1701. Definitions
1. In this chapter, unless the context otherwise requires:

1. "Damage" means any physical or visual impairment of any surface.

2. "Occupied structure" means any structure as defined in paragraph 4 in which one or more human beings either is or is likely to be present or so near as to be in equivalent danger at the time the fire or explosion occurs. The term includes any dwelling house, whether occupied, unoccupied or vacant.

3. "Property" means anything other than a structure which has value, tangible or intangible, public or private, real or personal, including documents evidencing value or ownership.

4. "Structure" means any building, object, vehicle, watercraft, aircraft or place with sides and a floor, used for lodging, business, transportation, recreation or storage....

13-1703. Arson of a structure or property; classification

1. A. A person commits arson of a structure or property by knowingly and unlawfully damaging a structure or property by knowingly causing a fire or explosion.

B. Arson of a structure is a class 4 felony. Arson of property is a class 4 felony if the property had a value of more than one thousand dollars. Arson of property is a class 5 felony if the property had a value of more than one hundred dollars but not more than one thousand dollars. Arson of property is a class 1 misdemeanor if the property had a value of one hundred dollars or less.
13-1708. Unlawful symbol burning; classification

2. A. It is unlawful for a person to burn or cause to be burned any symbol not addressed by section 13-1707 on the property of another person without that person's permission or on a highway or any other public place with the intent to intimidate any person or group of persons. The intent to intimidate may not be inferred solely from the act of burning the symbol, but shall be proven by independent evidence.

B. A person who violates this section is guilty of a class 1 misdemeanor.


178 posted on 03/31/2006 10:08:28 PM PST by LachlanMinnesota (The real Churchill knew a blood thirsty gutter snipe when he saw one.)
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To: LachlanMinnesota
Hey, fair enough. Thanks for the research!

Doesn't change my view even the tiniest bit.

Assuming only that your citation is complete as regards Arizona law, this statute as written is simply laughable. Why?

It takes the trouble to define an ''occupied structure'', but nowhere thereafter defines any felony or misdemeanor crime regarding occupied structures (read it again, eh? Sheesh!).

In most jurisdictions with which I'm familiar, an attempted arson against ANY occupied structure (or, as the typical statute reads, ''wherein a person is present, or the actor may reasonably be expected to know that a person is present'') is absolutely a Class 1 or Class A felony.

Burning a flag? Arson? Puh-freaking-leeease! Some DA needs to go find a hobby, and said school district needs (won't happen) to actually educate students.

201 posted on 03/31/2006 10:23:01 PM PST by SAJ
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