28-503 Arson, second degree; penalty. - Nebraska Statutes

28-503. Arson, seconddegree; penalty.(1) A person commits arson inthe second degree if he or she intentionally damages a building or property contained within a building bystarting a fire or causing an explosion or if a fire is started or an explosionis caused in the perpetration of any robbery, burglary, or felony criminalmischief.(2) The following affirmative defenses may be introduced intoevidence upon prosecution for a violation of this section:(a) No person other than the accused has a security or proprietaryinterest in the damaged building, or, if other persons have such interests,all of them consented to his or her conduct; or(b) The accused's sole intent was to destroy or damage thebuilding for a lawful and proper purpose.(3) Arson in the second degree is a Class III felony. SourceLaws 1977, LB 38, § 102; Laws 1981, LB 83, § 2; Laws 2010, LB712, § 9.Operative Date: July 15, 2010AnnotationsTo sustain a conviction for arson, it is necessary that the evidence disclose the burning of the property as charged and that the burning was caused by the willful act of some person criminally responsible beyond a reasonable doubt. State v. Workman, 213 Neb. 479, 329 N.W.2d 571 (1983).