What distinguishes second-degree arson?

Second-degree arson is primarily characterized by the intentional act of causing damage through fire to a structure that is not classified as a dwelling. This means that while the act is malicious and likely intended to cause harm, the specific focus is on buildings that offer less substantial protection or habitation than homes, such as sheds, garages, or commercial properties.

In this context, the distinction is made clear: second-degree arson involves setting fire to properties that do not serve as primary residences. This contrasts with first-degree arson, which typically involves a dwelling where occupants are at risk, highlighting the increased severity and potential threat to human life.

The emphasis on the type of building being targeted in second-degree arson is fundamental to understanding its legal implications. By specifically addressing non-dwelling structures, the law categorizes the offense distinctly from actions involving residential properties, thus differentiating the potential consequences and penalties associated with the crime.