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

Neb. Rev. Stat. § 28-505 (2026)

Burning to defraud insurer; penalty

✓ current as of July 2026
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Any person who, with the intent to deceive or harm an insurer, sets fire to or burns or attempts so to do, or who causes to be burned, or who aids, counsels or procures the burning of any building or personal property, of whatsoever class or character, whether the property of himself or of another, which shall at the time be insured by any person, company or corporation against loss or damage by fire, commits a Class IV felony.

Notes of Decisions
Cited in 6 cases, 1977–1988 · leading case: State v. Lovelace, 322 N.W.2d 673 (Neb. 1982).
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State v. Lovelace, 322 N.W.2d 673 (Neb. 1982). · cites it 4× “1943, whereas larceny from the person requires the taking of property from another without putting such person in fear by threats or the use of force and violence, section 28-505, R.R.S.1943. There is no question, of course, but that larceny from the person is a lesser-included…”
State v. McDonald, 430 N.W.2d 282 (Neb. 1988). · cites it 2× “§ 28-503 (1) (Reissue 1985), and of burning with the intent to defraud an insurer in violation of Neb. Rev. Stat. § 28-505 (Reissue 1985), and sentenced accordingly.”
State v. Knaff, 285 N.W.2d 115 (Neb. 1979). · cites it 2× “1943, whereas larceny from the person requires the taking of property from another without putting such person in fear by threats or the use of force and violence, section 28-505, R. R. S. 1943. There is no question, of course, but that larceny from the person is a…”
State v. Menard, 259 N.W.2d 479 (Neb. 1977). · cites it 4× “Section 28-505, R.R.S.1943, provides that the punishment for larceny from the person is imprisonment in the Nebraska Penal and Correctional Complex for not less than 1 nor more than 7 years.”
State v. Hinn, 427 N.W.2d 791 (Neb. 1988). · cites it 2× “§ 28-105 (1) (Reissue 1985), and imposes a maximum penalty of 20 years’ imprisonment, a $25,000 fine, or both.”
State v. Kofoed, 251 N.W.2d 170 (Neb. 1977). · cites it 2× “The penalty for larceny from the person is set out in section 28-505, R. R. S. 1943. It is imprisonment for not less than 1 year nor more than 7 years.”
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