People v. Garcia

The issue before the court is the constitutionality of section 18-4-105, C.R.S. 1973 (Fourth Degree Arson). The trial court ruled this statute unconstitutional. We reverse.

The defendant was charged with a class 2 misdemeanor under the fourth degree arson statute for endangering property whose value was one hundred dollars or more. This statute, in pertinent part, provides:

“A person who starts or maintains a fire or causes an explosion, on his own property or that of another, and by so doing places another in danger of death or serious bodily injury or places any building or occupied structure…