642.09 ARSON.

   (a)   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.

   (b)   (1)   No person, by means of fire or explosion, shall knowingly cause or create a substantial risk of physical harm to any structure of another that is not an occupied structure;

      (2)   It is an affirmative defense to a charge under subsection (b)(1) of this section that the defendant acted with the consent of the other person.

   (c)   Whoever violates this section is guilty of arson, a misdemeanor of the first degree. If the value of the property or the amount of physical harm involved is one thousand dollars ($1,000) or more, arson is a felony and shall be prosecuted under appropriate State law. (ORC 2909.03)