§61-3-4. Attempt to commit arson; fourth degree arson; penalty.
(a) Any person who willfully and maliciously attempts to set
fire to or burn, or attempts to cause to be burned, or attempts to
aid, counsel, procure, persuade, incite, entice or solicit any
person to burn, any of the buildings, structures, or personal
property mentioned in the foregoing sections, or who commits any
act preliminary thereto, or in furtherance thereof, shall be guilty
of arson in the fourth degree and, upon conviction thereof, be
sentenced to the penitentiary for a definite term of imprisonment
which is not less than one nor more than two years, or fined not to
exceed two thousand five hundred dollars, or both. A person
imprisoned pursuant to this section is not eligible for parole
prior to having served a minimum of one year of his or her
sentence.
(b) The placing or distributing of any inflammable, explosive
or combustible material or substance, or any device in any
building, structure or personal property mentioned in the foregoing
sections, in an arrangement or preparation with intent to
eventually, willfully and maliciously, set fire to or burn, or to
cause to be burned, or to aid, counsel, procure, persuade, incite,
entice or solicit the setting fire to or burning of any building,
structure or personal property mentioned in the foregoing sections
shall, for the purposes of this section, constitute an attempt to
burn that building, structure or personal property.