2006 Nebraska Revised Statutes - § 28-502 — Arson, first degree; penalty.
Section 28-502Arson, first degree; penalty.
(1) A person commits arson in the first degree if he or she intentionally damages 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.
Source:
- Laws 1977, LB 38, § 101
Laws 1981, LB 83, § 1
- 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).
~Reissue Revised Statutes of Nebraska
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