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Bill

SB 1404

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in arson, criminal mischief and other property destruction, further providing for the offense of arson and related offenses.

2025-2026 Regular Session Introduced by Camera Bartolotta and 7 co-sponsors

Expands arson offenses to treat endangering occupants or responders as first-degree felonies, with enhanced murder charges if deaths occur and injuries or presence inside a structu

Referred to Judiciary
0
WeVote Research Nonpartisan
Bill Summary · SB 1404

Bill overview

  • Bill: SB 1404
  • Session: Pennsylvania 2025-2026
  • Jurisdiction: Pennsylvania
  • Intent: Amend Title 18 (Crimes and Offenses) to modify and expand the offenses related to arson and arson-endangerment, including aggravated arson and related penalties.

Main purpose and intent

  • To redefine and clarify the offenses of arson endangering persons and aggravated arson.
  • To specify when arson-endangering persons constitutes a first-degree felony and the corresponding murder charges if deaths occur.
  • To align penalties and definitions with scenarios where a fire or explosion endangers occupants, responders, or others, including when offenses occur on property of the defendant or another and when persons are present inside the structure.

Key provisions and changes

  • Revisions to § 3301 (Arson and related offenses):
    • Arson endangering persons (new/clarified structure):
    • Classifies as a felony of the first degree if:
      • A person recklessly places others in danger of death or bodily injury (including firefighters or other investigators) by starting a fire or explosion, or by aiding another to do so; or
      • A person intentionally destroys or damages an inhabited building or occupied structure as a result of starting a fire or explosion, or by aiding another to do so.
    • Additional penalties:
      • Murder in the second degree if the fire/explosion causes the death of any person (including responders).
      • Murder in the first degree if the fire/explosion was set with the purpose of causing a death.
    • The bill preserves the ability to prosecute multiple offenses arising from the same episode.
    • Aggravated arson (new/clarified structure):
    • A person commits aggravated arson (felony of the first degree) if:
      • They intentionally start a fire or explosion and thereby attempt or cause bodily injury to another person (including responders), or
      • They commit an arson offense in a scenario where a person is present inside the property at the time of the offense.
    • Penalties:
      • Murder in the second degree if the fire/explosion causes the death of any person.
    • The provision also preserves the ability to prosecute multiple offenses from the same incident.
  • General effect:
    • Expands the circumstances under which arson-related acts are treated as first-degree felonies.
    • Creates explicit, enhanced penalties tied to injuries and deaths resulting from arson, and to presence of persons inside the property during the offense.
    • Maintains flexibility to charge multiple offenses from a single event.

Who/what would be affected

  • Defendants who intentionally start fires or explosions that endanger others or damage inhabited/occupied structures.
  • Individuals who aid, counsel, pay, or agree to pay others to commit arson.
  • Occupants of buildings (inhabited structures) and those present inside during the offense.
  • First responders and other persons actively engaged in fighting fires, who could be victims of arson-related offenses, potentially leading to murder charges in certain outcomes.

Procedural and timeline aspects

  • Effective date: 60 days after enactment.
  • Referred to Judiciary upon introduction (June 26, 2026).
  • Provisions emphasize multiple-victim/episode prosecutions within a single criminal episode.

Practical impact

  • The bill heightens the seriousness of arson offenses involving endangerment or presence of people, with stronger classification (first-degree felonies) and higher-stakes murder charges when death results.
  • It clarifies the liability framework for aggravated arson and expands potential charges for scenarios involving occupants and responders.
  • Law enforcement, prosecutors, and defense attorneys would need to consider the new/granular distinctions between arson endangering persons and aggravated arson, including presence inside the property at the time of the offense.

Compiled from official sources — confirm details with the bill’s official record.

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