Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-502 (2026)

Arson, first degree; penalty

✓ current as of July 2026
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(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.

Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 1983–2022 · leading case: State v. Sumstine, 478 N.W.2d 240 (Neb. 1991).
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State v. Sumstine, 478 N.W.2d 240 (Neb. 1991). · cites it 5× “A jury in the district court for Lancaster County convicted Cheryl Sumstine of first degree arson, a violation of Neb. Rev. Stat. § 28-502 (1) (Reissue 1989), which is a Class II felony.”
State v. Dillon, 382 N.W.2d 353 (Neb. 1986). · cites it 2× “§ 28-319 (l)(a) (Reissue 1979)), arson in the first degree ( Neb. Rev. Stat. § 28-502 (Reissue 1979)), and burglary ( Neb.”
State v. Brand, 363 N.W.2d 516 (Neb. 1985). · cites it 2× “§ 28-324 (Reissue 1979); and first degree arson, Neb. Rev. Stat. § 28-502 (Cum. Supp. 1984).”
State v. Kane, 397 N.W.2d 628 (Neb. 1986). · cites it 3× “Kane, appeals his conviction of one count of arson'in the first degree in violation of Neb. Rev. Stat. § 28-502 (1) (Reissue 1985).”
United States v. Mitchell, 218 F. Supp. 3d 360 (M.D. Penn. 2016). · cites it 2× “§ 45-6-103; Neb. Rev. Stat. §§ 28-502 to -504; Nev. Rev.”
State v. James, 573 N.W.2d 816 (Neb. Ct. App. 1998). · cites it 2× “First degree arson is statutorily defined as a Class II felony, see Neb. Rev. Stat. § 28-502 (Reissue 1995), and carries a potential penalty of 1 to 50 years’ imprisonment, see Neb.”
State v. Sailors, 29 Neb. Ct. App. 881 (Neb. Ct. App. 2021). · cites it 3× “In January 1990, the State filed another information charging [the defendant] with first degree arson, a viola- tion of § 28-502(1), which states: “A person commits arson in the first degree if he or she intentionally damages a building by starting a fire .”
State v. Cole (Neb. Ct. App. 2022). · cites it 3× “§ 28-502 (1) (Reissue 2016) provides that [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…”
State v. Busch (Neb. Ct. App. 2019). · cites it 2× “Busch was convicted of arson in the first degree, a Class II felony, under Neb. Rev. Stat. § 28-502 (Reissue 2016). A Class II felony is punishable by 1 to 50 years’ imprisonment.”
State v. Davis (Neb. Ct. App. 2022). · cites it 2× “2020); Neb. Rev. Stat. § 28-502 (Reissue 2016). The court ordered that Davis’ sentences were to be served concurrently.”
State v. Hohnstein, 328 N.W.2d 777 (Neb. 1983). · cites it 4× “Neb. Rev. Stat. § 28-502 (Reissue 1979) provides: “(1) A person commits arson in the first degree if he 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…”
— Neb. Rev. Stat. § 28-502(1) — 3 cases
State v. Sumstine, 478 N.W.2d 240 (Neb. 1991). “A jury in the district court for Lancaster County convicted Cheryl Sumstine of first degree arson, a violation of Neb. Rev. Stat. § 28-502 (1) (Reissue 1989), which is a Class II felony.”
State v. Sailors, 29 Neb. Ct. App. 881 (Neb. Ct. App. 2021). “In January 1990, the State filed another information charging [the defendant] with first degree arson, a viola- tion of § 28-502(1), which states: “A person commits arson in the first degree if he or she intentionally damages a building by starting a fire .”
State v. Cole (Neb. Ct. App. 2022). “§ 28-502 (1) (Reissue 2016) provides that [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…”
— Neb. Rev. Stat. § 28-502(3) — 1 case
State v. Kane, 397 N.W.2d 628 (Neb. 1986). “Kane, appeals his conviction of one count of arson'in the first degree in violation of Neb. Rev. Stat. § 28-502 (1) (Reissue 1985).”
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