(A) Arson.
(1) No person, by means of fire or explosion, shall knowingly cause or create a substantial risk of physical harm to any property of another without the other person’s consent.
(2) Whoever violates this section is guilty of arson. Except as otherwise provided in this division, violation of this section is a misdemeanor of the first degree. If the value of the property or the amount of physical harm involved is $1,000 or more, then the violation is a felony to be prosecuted under appropriate state law.
(R.C. § 2909.03)
(B) Determining property value or amount of physical harm.
(1) The following criteria shall be used in determining the value of property or amount of physical harm involved in a violation of division (A):
(a) If the property is an heirloom, memento, collector’s item, antique, museum piece, manuscript, document, record, or other thing that is either irreplaceable or is replaceable only on the expenditure of substantial time, effort, or money, the value of the property or the amount of physical harm involved is the amount that would compensate the owner for its loss;
(b) If the property is not covered under division (B)(1)(a) of this section, and the physical harm is such that the property can be restored substantially to its former condition, the amount of physical harm involved is the reasonable cost of restoring the property;
(c) If the property is not covered under division (B)(1)(a) of this section, and the physical harm is such that the property cannot be restored substantially to its former condition, the value of the property, in the case of personal property, is the cost of replacing the property with new property of like kind and quality, and in the case of real property or real property fixtures, is the difference in the fair market value of the property immediately before and immediately after the offense.
(2) As used in this section,
FAIR MARKET VALUE has the same meaning as in R.C. § 2913.61.
(3) Prima facie evidence of the value of property, as provided in R.C. § 2913.61(D), may be used to establish the value of property pursuant to this section.
(R.C. § 2909.11(B) - (D))
Cross-reference:
Negligent burning, see § 91.38
Statutory reference:
Aggravated arson, felony provisions, see R.C. § 2909.02
Arson, felony provisions generally, see R.C. § 2909.03
Convicted arsonist to make restitution to public agency, see R.C. § 2929.71