28-504 Arson, third degree; penalty. - Nebraska Statutes

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28-504. Arson, third degree;penalty.(1) A person commits arson in the thirddegree if he or she intentionallysets fire to, burns, causes to be burned, or by the use of any explosive,damages or destroys, or causes to be damaged or destroyed, any property ofanother person without such other person's consent. Such property shall not be contained within a buildingand shall not be a building or occupied structure.(2) Arson in the third degree is a Class IV felony if thedamages amount to one hundred dollars or more.(3) Arson in the third degree is a Class I misdemeanor ifthe damages are less than one hundred dollars. SourceLaws 1977, LB 38, § 103; Laws 2010, LB712, § 10.Operative Date: July 15, 2010AnnotationsUnder this section, the amount of damages involved in the crime of third degree arson affects the severity of the punishment. Although the amount of damages is not an element of arson, the State must prove by evidence beyond a reasonable doubt the amount of damages to the property that was damaged by arson in order to prove that the arson was a Class IV felony. State v. Arellano, 262 Neb. 866, 636 N.W.2d 616 (2001).

State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-504

28-504. Arson, third degree;penalty.(1) A person commits arson in the thirddegree if he or she intentionallysets fire to, burns, causes to be burned, or by the use of any explosive,damages or destroys, or causes to be damaged or destroyed, any property ofanother person without such other person's consent. Such property shall not be contained within a buildingand shall not be a building or occupied structure.(2) Arson in the third degree is a Class IV felony if thedamages amount to one hundred dollars or more.(3) Arson in the third degree is a Class I misdemeanor ifthe damages are less than one hundred dollars. SourceLaws 1977, LB 38, § 103; Laws 2010, LB712, § 10.Operative Date: July 15, 2010AnnotationsUnder this section, the amount of damages involved in the crime of third degree arson affects the severity of the punishment. Although the amount of damages is not an element of arson, the State must prove by evidence beyond a reasonable doubt the amount of damages to the property that was damaged by arson in order to prove that the arson was a Class IV felony. State v. Arellano, 262 Neb. 866, 636 N.W.2d 616 (2001).

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State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-504

28-504. Arson, third degree;penalty.(1) A person commits arson in the thirddegree if he or she intentionallysets fire to, burns, causes to be burned, or by the use of any explosive,damages or destroys, or causes to be damaged or destroyed, any property ofanother person without such other person's consent. Such property shall not be contained within a buildingand shall not be a building or occupied structure.(2) Arson in the third degree is a Class IV felony if thedamages amount to one hundred dollars or more.(3) Arson in the third degree is a Class I misdemeanor ifthe damages are less than one hundred dollars. SourceLaws 1977, LB 38, § 103; Laws 2010, LB712, § 10.Operative Date: July 15, 2010AnnotationsUnder this section, the amount of damages involved in the crime of third degree arson affects the severity of the punishment. Although the amount of damages is not an element of arson, the State must prove by evidence beyond a reasonable doubt the amount of damages to the property that was damaged by arson in order to prove that the arson was a Class IV felony. State v. Arellano, 262 Neb. 866, 636 N.W.2d 616 (2001).