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As specified by SB1049, Arson I is a Measure 11 crime only "when the offense represented a threat of serious physical injury".
From the 1998 Criminal Code of Oregon:
163.325 Arson in the first degree.
1) A person commits the crime of arson in the first degree if, by starting a fire or causing an explosion, the person intentionally damages:
(a) Protected property of another.
(b) Any property, whether the property of the person or the property of another person, and such act recklessly places another person in danger of physical injury or protected property of another in danger of damage; or
(c) Any property, whether the property of the person or the property of another person, and recklessly causes serious physical injury to a firefighter or peace officer acting in the line of duty relating to the fire.
(2) Arson in the first degree is a Class A felony.
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