Ohio arson penalties run from a first-degree misdemeanor punishable by up to 180 days in jail all the way to a first-degree felony aggravated arson conviction carrying an indefinite prison term with a minimum of 3 to 11 years and a maximum reaching 16.5 years. On top of prison time and fines up to $20,000, a felony conviction brings mandatory restitution to the victim, lifetime registration as an arson offender, a permanent criminal record, and a firearm prohibition. The exact penalty depends on what burned, whether anyone was endangered, and whether the fire was set for hire.
Arson and Aggravated Arson Are Two Different Offenses
Ohio splits fire crimes into two statutes, and the split drives the penalty. Standard arson under ORC 2909.03 covers knowingly using fire or explosion to damage someone else’s property without consent, damaging any property (even your own) to commit fraud, or setting fires on government buildings, schools, courthouses, parkland, or unoccupied structures.1Ohio Legislative Service Commission. Ohio Code 2909.03 – Arson
Aggravated arson under ORC 2909.02 applies when the fire creates a substantial risk of serious physical harm to another person, causes physical harm to an occupied structure, or is arranged for hire and targets an occupied structure.2Ohio Legislative Service Commission. Ohio Code 2909.02 – Aggravated Arson Whether a building is “occupied” and whether a person was actually put at risk of serious harm often decides where a case lands within aggravated arson, and a fire in an empty office wing late at night may be treated differently than one in a crowded apartment hallway even if both structures technically count as occupied.
Prison Time and Fines by Offense Level
Ohio arson penalties are tiered by felony degree. One important structural point: under the Reagan Tokes Act, which took effect in March 2019, first- and second-degree felony sentences are indefinite. The judge sets the minimum, and the Ohio Department of Rehabilitation and Correction decides the actual release date up to a statutory maximum equal to the minimum plus 50 percent.3Ohio Legislative Service Commission. Ohio Code 2929.14 – Definite Prison Terms
Arson (ORC 2909.03)
First-degree misdemeanor arson carries up to 180 days in jail and a fine up to $1,000. This applies when the damage to another person’s property or to an unoccupied structure is under $1,000.
Fourth-degree felony arson carries a definite prison term of 6 to 18 months and a fine up to $5,000. It covers damage of $1,000 or more, arson of government or public property, arson of parkland, and fires set to commit fraud.4Ohio Legislative Service Commission. Ohio Code 2929.18 – Financial Sanctions – Felony
Third-degree felony arson carries a definite prison term of 9 to 36 months and a fine up to $10,000. This is the arson-for-hire tier, and it applies whether you paid someone to set the fire or accepted payment to set it yourself. Being paid bumps the offense up a full felony degree over the same fire set without payment.1Ohio Legislative Service Commission. Ohio Code 2909.03 – Arson
Aggravated Arson (ORC 2909.02)
Second-degree felony aggravated arson carries an indefinite sentence with a court-imposed minimum of 2 to 8 years and a maximum equal to the minimum plus 50 percent. Fines run up to $15,000. This tier applies when the fire causes physical harm to an occupied structure without necessarily creating a direct risk of serious bodily injury to a specific person.4Ohio Legislative Service Commission. Ohio Code 2929.18 – Financial Sanctions – Felony
First-degree felony aggravated arson carries an indefinite sentence with a court-imposed minimum of 3 to 11 years and a maximum of the minimum plus 50 percent, meaning the ceiling can reach 16.5 years. Fines run up to $20,000. This is the tier for fires that create a substantial risk of serious physical harm to any person, and for arson-for-hire schemes targeting an occupied structure.3Ohio Legislative Service Commission. Ohio Code 2929.14 – Definite Prison Terms
Where a judge lands within these ranges depends on prior criminal history, whether accelerants were used, whether the fire was set for hire, and the full extent of the damage. If arson is charged alongside another offense such as insurance fraud, the sentences can be ordered to run back-to-back rather than at the same time. If someone is injured or killed, additional charges like involuntary manslaughter can stack onto the arson count.
Restitution Is Mandatory
Courts must order full restitution to the victim for economic losses tied to the fire. Ohio law makes this required for all felony arson convictions, not optional. Covered losses include repair costs, lost property value, temporary housing, and other expenses that flow directly from the fire.4Ohio Legislative Service Commission. Ohio Code 2929.18 – Financial Sanctions – Felony Restitution is separate from the criminal fine and separate from any civil damages the victim later pursues.
Lifetime Arson Offender Registration
Ohio requires people convicted of arson to register with the sheriff in the county where they live. The requirement is set by ORC 2909.14, and it works similarly to the state’s sex offender registry: the person must provide their information and re-register annually.5Ohio Legislative Service Commission. Ohio Code 2909.14 – Arson Offender Registration Notice
The obligation continues after the sentence is served and after any period of supervision ends. Failing to register or update information is a separate criminal offense in its own right. Many defendants don’t learn about this requirement until sentencing, and it affects where they can live and work long after the case closes.
Civil Damages on Top of Criminal Penalties
Victims can sue separately in civil court. Under ORC 2307.61, a property owner whose property is willfully damaged can pursue liquidated damages equal to the greater of $200 or three times the value of the destroyed property.6Ohio Legislative Service Commission. Ohio Code 2307.61 – Civil Action for Willful Damage or Theft A vehicle worth $30,000 becomes a potential $90,000 civil judgment. Insurance companies that paid out fire claims routinely file subrogation actions to recover what they paid, and government agencies can sue for firefighting costs, environmental cleanup, and rebuilding of public property. All of this is independent of the criminal restitution order.
Federal Arson Charges Can Stack on Top
State charges are not the only exposure. Under 18 U.S.C. ยง 844(i), using fire or explosives to damage any building, vehicle, or property used in or affecting interstate commerce is a federal crime.7Office of the Law Revision Counsel. 18 USC 844 – Penalties The interstate commerce hook is broad and can cover hotels, restaurants, apartment buildings with out-of-state tenants, and businesses receiving goods from other states.
Federal penalties run harsher than Ohio’s. With no injuries, the range is 5 to 20 years in federal prison. If personal injury results, the range is 7 to 40 years. If death results, the sentence can be any term up to life imprisonment, or the death penalty. The Bureau of Alcohol, Tobacco, Firearms and Explosives is the primary federal investigating agency.8Bureau of Alcohol, Tobacco, Firearms and Explosives. Arson Federal charges can be brought in addition to state charges, meaning a defendant can be prosecuted in both systems for the same fire.
Collateral Consequences of a Conviction
A felony arson conviction in Ohio is essentially permanent. Both arson and aggravated arson are classified as offenses of violence under ORC 2901.01, and Ohio law bars felony offenses of violence from record sealing.9Ohio Legislative Service Commission. Ohio Code 2901.01 – General Provisions Definitions A misdemeanor arson conviction may be eligible for sealing under separate rules, but the felony version stays on the record absent a governor’s pardon.
A conviction for a felony offense of violence also bars the person from possessing firearms or dangerous weapons under ORC 2923.13, and violating that prohibition is itself a third-degree felony.10Ohio Legislative Service Commission. Ohio Code 2923.13 – Having Weapons While Under Disability Employers in law enforcement, firefighting, education, and any role requiring a security clearance will see the conviction on a background check. If the arson involved fraud, banks and other lenders may deny credit. Combined with the registration requirement, the conviction reaches into housing applications, professional licensing, and volunteer roles for the rest of the person’s life.