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What is required under CRS to charge someone with 1st degree arson?

  1. The fire must have been set accidentally

  2. Consent of the property owner

  3. Creating a fire on your own property

  4. No consent from the owner of the property

The correct answer is: No consent from the owner of the property

To charge someone with 1st degree arson under Colorado Revised Statutes (CRS), it is necessary that there was no consent from the owner of the property. This element establishes that the individual had no lawful authority to start the fire, which is critical for classifying the act as arson. In the context of arson laws, the lack of consent signifies that the act was performed with malicious intent, as the individual disregarded the property rights of the owner. This component emphasizes the unlawful nature of the act, which distinguishes arson from other potential actions that could involve fires without the intent to destroy or cause harm. The other options indicate scenarios where the act might not constitute arson. For example, if the fire was accidentally set, it cannot be classified as 1st degree arson, as intent and knowledge are key factors in establishing guilt in these offenses. Additionally, having consent from the property owner would negate the possibility of a charge since it would imply permission to burn. Creating a fire on one's own property also does not fulfill the criteria for arson, as there is no unlawful act involved when the property owner consents to or initiates it.