---
title: O.C.G.A. § 16-7-61. Arson in the second degree.
collection: code
id: 16-7-61
cite_as: O.C.G.A. § 16-7-61 (2025)
canonical_url: https://georgiacommons.org/code/16-7-61
md_url: https://georgiacommons.org/code/16-7-61.md
text_url: https://georgiacommons.org/code/16-7-61/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t16-ch7-11-(v14a)-2018-pdf.pdf?sfvrsn=aecbfe9c_0#page=139
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CRIMES AND OFFENSES / DAMAGE TO AND INTRUSION UPON PROPERTY / ARSON AND EXPLOSIVES
---

# O.C.G.A. § 16-7-61. Arson in the second degree.

(a) A person commits the offense of arson in the second degree as to any building, vehicle, railroad car, watercraft, aircraft, or other structure not included or described in Code Section 16-7-60 when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage any building, vehicle, railroad car, watercraft, aircraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both.

(b) A person also commits the offense of arson in the second degree as to any building, vehicle, railroad car, watercraft, aircraft, or other structure not included or described in Code Section 16-7-60 when, in the commission of a felony, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage any building, vehicle, railroad car, watercraft, aircraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both.

(c) A person convicted of the offense of arson in the second degree shall be punished by a fine of not more than $25,000.00 or by imprisonment for not less than one nor more than ten years, or both.

## History

Ga. L. 1924, p. 192, § 2; Code 1933, § 26-2209; Ga. L. 1949, p. 1118, § 3; Code 1933, § 26-1402, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976, p. 1497, § 2; Ga. L. 1979, p. 935, § 2; Ga. L. 1985, p. 149, § 16; Ga. L. 2004, p. 734, § 2.

## Editor's Notes

Ga. L. 2004, p. 734, § 4, not codified by the General Assembly, provides that the amendment to this Code section is not applicable to any offense committed prior to July 1, 2004, and that any such offense shall be punishable as provided by the statute in effect at the time the offense was committed.