Damage building or motor vehicle by fire or explosive

It is an offence to intentionally or recklessly damage another person's property (building or motor vehicle), using fire or explosives.

Maximum penalty: Life imprisonment

[Criminal Law Consolidation Act 1935 (SA) s 85(1)]

Causing a bushfire

There is a separate offence where a person intentionally or recklessly causes a bushfire, burning vegetation on land which is not that person's land or land of a person who authorised the lighting of the original fire ('a bushfire offence').

Maximum penalty: imprisonment for life

A court that finds a defendant guilty of an offence against section 85B must make an order for compensation under section 124 of the Sentencing Act 2017 (SA). The court is not bound to make such an order if the defendant is aged under 16 years of age, or the court is satisfied that the defendant has no means of paying compensation, or special circumstances exist.

[Criminal Law Consolidation Act 1935 (SA) s 85B]

From 18 December 2022, a police officer may apply to the Magistrates Court for an order requiring a person who has been found guilty of a bushfire offence at any time to be monitored during the South Australian fire danger season each year [Criminal Procedure Act 1921 (SA) s 99L]. The person must be deemed to be at risk of committing a further bushfire offence. The monitoring order, if made, will remain in force until it is revoked by the Court. A person subject to a monitoring order is required to report to the Commissioner of Police each year as instructed and to wear or carry and maintain an electronic monitoring device at all times during the fire danger season.

Maximum penalty: $10,000 fine or two years imprisonment

[Criminal Procedure Act 1921 (SA) s 99L]

Damage building or motor vehicle other than by fire or explosive

It is also an offence to intentionally or recklessly damage another person's property (building or motor vehicle), in any another way (other than by fire or explosives).

Maximum penalty: 10 years imprisonment

[Criminal Law Consolidation Act 1935 (SA) s 85(2)]

Damage property other than building or motor vehicle

It is an offence to intentionally or recklessly damage another person's property (other than a building or motor vehicle).

Maximum penalty: 10 years imprisonment

[Criminal Law Consolidation Act 1935 (SA) s 85(3)]

Threat to damage property

It is also an offence tothreaten to damage another person's property intending to create fear that the threat will be carried out or being recklessly indifferent to the creation of fear.

Maximum penalty:

Basic offence: 5 years imprisonment

Aggravated offence: 7 years imprisonment

Offence aggravated by a threat to commit arson: 15 years imprisonment

[Criminal Law Consolidation Act 1935 (SA) s 85(4)]

Recklessly endangering property

It is an offence to do something knowing that it creates a substantial risk of serious property damage to someoneelse's property.

It is a defence if the accused can prove they held an honest belief that the act was reasonable and necessary for the protection of life or property.

Maximum penalty: 6 years imprisonment

[Criminal Law Consolidation Act 1935 (SA) s 85A]