(A) A person commits arson in the second degree if he or she intentionally damages a building by starting a fire or causing an explosion.
(B) The following affirmative defenses may be introduced into evidence upon prosecution for a violation of this section:
(1) No person other than the accused has a security or proprietary interest in the damaged building, or, if other persons have such interests, all of them consented to his or her conduct; or
(2) The accused’s sole interest was to destroy or damage the building for a lawful and proper purpose.
(C) Arson in the second degree is a Class III felony.
(Prior Code, § 6-315) Penalty, see § 130.99
Statutory reference:
Related provisions, see Neb. RS 28-503