Arson - NRS Chapter 205

You may think of arson as simply lighting a structure on fire with the intent to destroy the structure.  However, there are four degrees of arson, each with elements that a prosecutor must prove beyond a reasonable doubt.

First Degree Arson (NRS 205.010)

To commit first degree arson, one must:

1. Willfully or maliciously set fire to a dwelling or building, whether occupied or not; or
2. Personal property (I.E. vehicle) that is occupied by one or more persons.

It is important to note that it does not matter whether the accused person owns the property or not.  Also, it does not matter if the accused is aware that the personal property is occupied.

First Degree Arson is a category B Felony in Nevada, with a possible sentence of 2-15 years in the Nevada Department of Corrections and up to a $15,000 fine.  All arson sentences can include the costs of putting out the fire and compensating the victims.

Second Degree Arson (NRS 205.015)

To commit second degree arson, one must:

1. Willfully or maliciously set fire
2. To any abandoned building or structure.

Again, it does not matter if the accused owns the property or not.  The key difference between first and second degree arson is that the building or structure has been abandoned.

Second Degree Arson is a category B Felony in Nevada, with a possible sentence of 1-10 years in the Nevada Department of Corrections and up to a $10,000 fine.

Third Degree Arson (NRS 205.020)

To commit third degree arson, one must willfully or maliciously set fire to:

1. Any unoccupied personal property NOT owned by the accused;
2. Any unoccupied personal property only partially owned by the accused, but also partially owned by another person; or
3. Any forest, shrubbery, crops, vegetation or flammable material owned by another.

Here, the ownership of the property is extraordinarily important.  To set fire to unoccupied personal property owned by the accused is simply not arson.

Third Degree Arson is a category D Felony in Nevada, with a possible sentence of 1-4 years in the Nevada Department of Corrections and up to a $5,000 fine.

Fourth Degree Arson (NRS 205.025)

To commit fourth degree arson, one must simply attempt to commit any of the first three degrees of arson. NRS 205.055 defines attempt to commit arson as “Any willful preparation made by any person with a view to setting fire to any building or structure”. 

Fourth Degree Arson is a category D Felony in Nevada, with a possible sentence of 1-4 years in the Nevada Department of Corrections and up to a $5,000 fine.

The crime of arson can have many accompanying charges.  For instance, if a person enters a building or structure with the intent of committing arson, they could also be convicted of Burglary.  Also, there are implications of Insurance Fraud and Trespassing.  All charges must be taken into consideration to properly defend a person accused of arson.

If you or a loved one is charged with arson, call the attorneys at the Boley & AlDabbagh Law Firm at 702-435-3333.