What Happens if I Start a Fire in a Tennessee National Park?

 Posted on July 25, 2024 in Criminal Defense

Last November, the National Park Service requested help from the public in identifying those responsible for starting a fire in Great Smoky Mountains National Park. A park spokesperson stated that intentionally setting a fire in the park—except in designated rings or picnic areas—is always illegal and extremely dangerous.

While campfires are usually allowed in the National Parks of Tennessee—unless a drought triggers fire bans—when a fire is deliberately set, a federal investigation will likely ensue. Federal charges occur when a crime violates federal law or when the criminal offense occurs on federal property, including national parks, federal prisons, and military bases. Crimes that occur on American Indian territory can also be considered federal crimes.

While a fire in a forest could be accidental, it could also be deliberately set, causing millions of dollars in damage. Arson is a felony with extremely harsh penalties. When charges are federal, those penalties may be even more severe. If you have been charged with arson in a Tennessee national park, it is essential that you have immediate legal representation from an experienced Knox County criminal defense attorney who can also defend federal charges.

What Is Arson Under Tennessee Law?

Arson is a very specific, very narrow charge that states if a person starts a fire or sets off an explosion with the intent to destroy or damage a structure for any unlawful purpose (including with the intent to collect insurance), and without the consent of those who have an interest in the property, he or she could be charged with arson.

The law describing arson in Tennessee focuses on intent. If a person deliberately sets a fire in a national forest, knowing it could potentially burn hundreds or thousands of acres, the intent is clear. However, if a fire was set in a national park that started out as a campfire and then burned out of control, there is no intent under the law.

Under Tennessee law, setting fire to personal property or land when there is intent to destroy that property knowingly is a Class E felony with penalties of up to six years in prison and a fine as large as $3,000. Setting a fire on someone else’s land and allowing it to burn out of control or starting a fire in a place where fires are banned is charged as reckless burning, a Class A misdemeanor.

A conviction for reckless burning could be up to 11 months and 29 days in jail and/or up to $2,500 in fines. Leaving a fire near a woodland unattended (like a campfire) and then failing to put the campfire out completely is a Class B misdemeanor that can result in being sent to jail for up to six months and up to $500 in fines.

Federal Penalties for Arson in a National Park

If federal arson charges are lodged against the perpetrator of a deliberate fire in a national park, the penalty for a conviction is a minimum of five years in federal prison and a maximum of 20 years, along with stiff fines. Penalties can increase in cases where a person is injured or killed as a result of a fire, including firefighters, paramedics, and police officers. Injuries to another person can increase the prison time by seven years, while death can increase the prison time by 20 years. The federal maximum sentence for death as a result of arson in a national park could be life in prison or even the death penalty. Arson on federal property can result in additional penalties, including forfeiture of property, restitution to victims, and a permanent criminal record.   

Contact a Union County, TN Federal Charges Lawyer

When you choose an attorney from Jeffrey Coller, Knoxville Criminal Defense Attorney, you can rest assured that we are fully up to date on laws that address crimes like arson in national parks. We are ready to put our skills and experience to work for you, regardless of how serious the charges are. It can be extremely beneficial to speak to a Blount County, TN federal charges lawyer who can help you navigate the federal justice system. It is important that you not answer questions or sign any documents before speaking to a federal crimes defense attorney from Jeffrey Coller, Knoxville Criminal Defense Attorney. Call 865-281-1000 today to schedule a free consultation.