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Can Burning Your Own Property Be Arson in Texas?
Ownership does not automatically defeat Texas arson charges. Learn how insurance, location, other property and danger can matter.
In short: Yes, ownership alone does not exclude Texas arson. Section 28.02(a) lists circumstances involving location, insurance, security interests, another person’s property and danger to others. Counsel must match the alleged conduct to the precise provision rather than assume an owner may burn property without criminal exposure.
Explore this page 9 sections
Does insurance matter even if the property is yours?
It can. The statute includes knowledge that specified property is insured against damage or destruction. Counsel should examine the actual allegation and evidence of knowledge rather than assume ownership answers the entire charge.
Is a permit a defense to every arson theory?
No. Section 28.02(c) provides a defense tied to a particular subsection and qualifying prior authorization. It is not a blanket defense to all arson allegations or all damage caused by a permitted fire.
What records should be preserved?
Keep property records, relevant insurance documents, permits and communications in their original form. Identify neighboring property and the alleged risk. Do not change records after the event; counsel should assess their actual contents and the accused’s knowledge at the relevant time.
A practical example and questions for counsel
Hypothetical example: Suppose a person owns a building that is insured and subject to a mortgage. Ownership does not erase the other circumstances listed in section 28.02. Counsel should identify which circumstance is charged and what proves the accused’s knowledge and intent. The existence of an insurance policy should not be treated as proof that the accused started the fire, either. Separate property status, ignition, identity and mental state. This prevents an ownership argument from overlooking a statutory route while also preventing a financial fact from substituting for proof of the fire-related conduct.
How this fits Texas law
Texas arson law contains several routes with different mental states and consequences. Section 28.02(a) concerns a fire or explosion with intent to damage specified property under listed circumstances; other subsections address certain reckless damage or injury. Not every fire is arson, and not every arson subsection has the same felony level.
How do I get started?
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Last updated October 2026
Common questions
Does insurance matter even if the property is yours?
It can.
Is a permit a defense to every arson theory?
No.
What records should be preserved?
Keep property records, relevant insurance documents, permits and communications in their original form.
Protecting Good People During Hard Times
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Phones are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.