28-502 Arson, first degree; penalty. - Nebraska Statutes

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28-502. Arson, first degree;penalty.(1) A person commits arson in the firstdegree if he or she intentionally damages a building or property contained within a building by startinga fire or causing an explosion when another person is present in the buildingat the time and either (a) the actor knows that fact, or (b) the circumstancesare 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 isstarted or an explosion is caused in the perpetration of any robbery, burglary,or felony criminal mischief when another person is present in the buildingat the time and either (a) the actor knows that fact, or (b) the circumstancesare such as to render the presence of a person therein a reasonable probability.(3) Arson in the first degree is a Class II felony. SourceLaws 1977, LB 38, § 101; Laws 1981, LB 83, § 1; Laws 2010, LB712, § 8.Operative Date: July 15, 2010AnnotationsThe 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).

State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-502

28-502. Arson, first degree;penalty.(1) A person commits arson in the firstdegree if he or she intentionally damages a building or property contained within a building by startinga fire or causing an explosion when another person is present in the buildingat the time and either (a) the actor knows that fact, or (b) the circumstancesare 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 isstarted or an explosion is caused in the perpetration of any robbery, burglary,or felony criminal mischief when another person is present in the buildingat the time and either (a) the actor knows that fact, or (b) the circumstancesare such as to render the presence of a person therein a reasonable probability.(3) Arson in the first degree is a Class II felony. SourceLaws 1977, LB 38, § 101; Laws 1981, LB 83, § 1; Laws 2010, LB712, § 8.Operative Date: July 15, 2010AnnotationsThe 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).

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State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-502

28-502. Arson, first degree;penalty.(1) A person commits arson in the firstdegree if he or she intentionally damages a building or property contained within a building by startinga fire or causing an explosion when another person is present in the buildingat the time and either (a) the actor knows that fact, or (b) the circumstancesare 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 isstarted or an explosion is caused in the perpetration of any robbery, burglary,or felony criminal mischief when another person is present in the buildingat the time and either (a) the actor knows that fact, or (b) the circumstancesare such as to render the presence of a person therein a reasonable probability.(3) Arson in the first degree is a Class II felony. SourceLaws 1977, LB 38, § 101; Laws 1981, LB 83, § 1; Laws 2010, LB712, § 8.Operative Date: July 15, 2010AnnotationsThe 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).