State Codes and Statutes
Statutes > Rhode-island > Title-11 > Chapter-11-4 > 11-4-2SECTION 11-4-2
§ 11-4-2 Arson – First degree. –Any person who knowingly causes, procures, aids, counsels or creates by meansof fire or explosion a substantial risk of serious physical harm to any personor damage to any building the property of that person or another, whether ornot used for residential purposes, which is occupied or in use for any purposeor which has been occupied or in use for any purpose during the six (6) monthspreceding the offense or to any other residential structure, shall, uponconviction, be sentenced to imprisonment for not less than five (5) years andmay be imprisoned for life, or shall be fined not less than three thousanddollars ($3,000) nor more than twenty-five thousand dollars ($25,000), or both;provided, further, that whenever a death occurs to a person as a direct resultof the fire or explosion or to a person who is directly involved in fightingthe fire or explosion, imprisonment shall be for not less than twenty (20)years. In all such cases, the justice may only impose a sentence less than theminimum if he or she finds that substantial and compelling circumstances existwhich justify imposition of the alternative sentence. That finding may be basedupon the character and background of the defendant, the cooperation of thedefendant with law enforcement authorities, the nature and circumstances of theoffense, and/or the nature and quality of the evidence presented at trial. If asentence which is less than imprisonment for the minimum term is imposed, thetrial justice shall set forth on the record the circumstances which he or shefound as justification for imposition of the lesser sentence.
