Nebraska § 28-502 Arson, first degree;
penalty

Nebraska Statutes

§ 28-502 — Arson, first degree; penalty

Nebraska § 28-502

Ch. 28Crimes and Punishments

This text of Nebraska § 28-502 (Arson, first degree; penalty) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 28-502 (2026).

Text

(1)A person commits arson in the first degree if he or she intentionally damages a building or property contained within a building by starting a fire or causing an explosion when another person is present in the building at the time and either (a) the actor knows that fact, or (b) the circumstances are such as to render the presence of a person therein a reasonable probability.

(2)A person commits arson in the first degree if a fire is started or an explosion is caused in the perpetration of any robbery, burglary, or felony criminal mischief when another person is present in the building at the time and either (a) the actor knows that fact, or (b) the circumstances are such as to render the presence of a person therein a reasonable probability.

(3)Arson in the first degree is a Class I

Free access — add to your briefcase to read the full text and ask questions with AI

(1) A person commits arson in the first
degree if he or she intentionally damages a building or property contained within a building by starting
a fire or causing an explosion when another person is present in the building
at the time and either (a) the actor knows that fact, or (b) the circumstances
are such as to render the presence of a person therein a reasonable probability.
(2) A person commits arson in the first degree if a fire is
started or an explosion is caused in the perpetration of any robbery, burglary,
or felony criminal mischief when another person is present in the building
at the time and either (a) the actor knows that fact, or (b) the circumstances
are such as to render the presence of a person therein a reasonable probability.
(3) Arson in the first degree is a Class II felony.

Legislative History

Source: Laws 1977, LB 38, § 101; Laws 1981, LB 83, § 1; Laws 2010, LB712, § 8. Annotations: The crime of arson in the first degree requires that some damage occur to a building as a result of a fire ignited when someone is present in the building. Ignition of the building is not required. State v. Hohnstein, 213 Neb. 296, 328 N.W.2d 777 (1983).