Arson is the intentional burning of property—such as a building, car, boat, crops, or trees—with criminal or fraudulent intent. The criminal intent or motive behind arson is often insurance fraud—such as when the owner of property intentionally burns it and then files an insurance claim without disclosing the owner intentionally started the fire.
Arson is a felony offense under most state laws, but there are often different degrees of severity, depending on factors such as whether the fire results in physical injury or death. Arson is also a crime under federal law, which makes it illegal to use fire or an explosive to damage or destroy property used in interstate or foreign commerce, or in any activity affecting interstate or foreign commerce.
In Nebraska, arson is considered a serious crime and is addressed under Nebraska Revised Statute 28-502 and following sections. The law categorizes arson into different degrees based on the severity of the act and the resulting damage or harm. First-degree arson, which is the most severe form, involves intentionally setting fire to an occupied building or causing an explosion, and it is classified as a Class II felony. Lesser degrees of arson may involve burning unoccupied structures or property and carry varying penalties. The presence of aggravating factors, such as causing bodily injury or death, can enhance the charges and penalties. Additionally, arson for the purpose of committing insurance fraud is also a criminal offense in Nebraska. Under federal law, arson is illegal when it involves property used in interstate or foreign commerce, or affects such commerce, and is prosecuted under 18 U.S.C. § 844(i). Penalties for federal arson offenses can be severe, including imprisonment, fines, or both.