Nebraska § 28-503 Arson, second
degree; penalty

Nebraska Statutes

§ 28-503 — Arson, second degree; penalty

Nebraska § 28-503

Ch. 28Crimes and Punishments

This text of Nebraska § 28-503 (Arson, second 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. § 28-503 (2026).

Text

(1)A person commits arson in the second degree if he or she intentionally damages a building or property contained within a building by starting a fire or causing an explosion or if a fire is started or an explosion is caused in the perpetration of any robbery, burglary, or felony criminal mischief.

(2)The following affirmative defenses may be introduced into evidence upon prosecution for a violation of this section:

(a)No person other than the accused has a security or proprietary interest in the damaged building, or, if other persons have such interests, all of them consented to his or her conduct; or

(b)The accused's sole intent was to destroy or damage the building for a lawful and proper purpose.

(3)Arson in the second degree is a Class III felony.

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(1) A person commits arson in
the second degree if he or she intentionally damages a building or property contained within a building by
starting a fire or causing an explosion or if a fire is started or an explosion
is caused in the perpetration of any robbery, burglary, or felony criminal
mischief.
(2) The following affirmative defenses may be introduced into
evidence upon prosecution for a violation of this section:
(a) No person other than the accused has a security or proprietary
interest in the damaged building, or, if other persons have such interests,
all of them consented to his or her conduct; or
(b) The accused's sole intent was to destroy or damage the
building for a lawful and proper purpose.
(3) Arson in the second degree is a Class III felony.

Legislative History

Source: Laws 1977, LB 38, § 102; Laws 1981, LB 83, § 2; Laws 2010, LB712, § 9. Annotations: To sustain a conviction for arson, it is necessary that the evidence disclose the burning of the property as charged and that the burning was caused by the willful act of some person criminally responsible beyond a reasonable doubt. State v. Workman, 213 Neb. 479, 329 N.W.2d 571 (1983).