What are the 4 degrees of arson under Nevada law?

Posted on November 8, 2022

Nevada criminal law has four degrees of arson (NRS 205.010 – 205.025), which is intentionally and illegally setting fire to property. The most serious charge is first-degree. Fourth-degree is the least serious. Each degree carries prison time, possible fines, and restitution to the victim.

Common defenses include that the incident was an accident, that the fire started from natural causes, or that the defendant was falsely accused.

1. What is first-degree arson under NRS 205.010?

Nevada law defines first-degree arson as willfully or maliciously setting fire to:

• real estate, buildings, houses, or mobile homes; or
• personal property (such as a motor vehicle) that is occupied by at least one person

It makes no difference whether the suspect owns the property. One example of 1st-degree arson is setting a trailer on fire.

As a category B felony, 1st-degree arson carries:

• 2 to 15 years in Nevada State Prison, and
• up to $15,000 in fines (at the judge’s discretion), and
• court costs plus the costs of extinguishing the fire and investigating the matter¹

2. What is second-degree arson under NRS 205.015?

Nevada law defines second-degree arson as willfully or maliciously setting fire to an abandoned building or structure. It makes no difference whether the suspect owns the property. One example of 2nd-degree arson is setting an abandoned house on fire.

Also a category B felony, a 2nd-degree arson case carries:

• 1 to 10 years in prison, and
• up to $10,000 in fines (at the judge’s discretion), and
• court costs plus the costs of extinguishing the fire and investigating the matter²

3. What is third-degree arson under NRS 205.020?

Nevada law defines third-degree arson as willfully or maliciously setting fire to either:

• unoccupied personal property of another which is valued at $25 or more;
• the suspect’s unoccupied personal property that another person has a legal interest in; or
• timber, forest, vegetation, shrubbery, or flammable material that the suspect does not own

One example of 3rd-degree arson is throwing a lit match another person’s farm.

A category D felony, third-degree arson carries:

• 1 to 4 years in prison; and
• up to $5,000 in fines (at the judge’s discretion); and
• court costs plus the costs of extinguishing the fire and investigating the matter³

4. What is fourth-degree arson under NRS 205.025 and NRS 205.055?

Nevada law defines fourth-degree arson as willfully or maliciously attempting to set property on fire. It does not matter what the property is.

Also a category D felony, attempted arson carries:

• 1 to 4 years in prison; and
• up to $5,000 in fines (at the judge’s discretion); and
• court costs plus the costs of extinguishing the fire and investigating the matter

Note that alleged arsonists face an additional category B felony charge under NRS 205.030 if the purpose of the arson was to get money from an insurance company (insurance fraud). The sentence for trying to defraud an insurer through arson includes 1 to 6 years in prison, restitution, and a fine of up to $5,000 (at the court’s discretion).⁴

What are defenses to arson charges?

Two potential ways to fight the prosecution of arson charges include:

1. the incident was an accident, and the defendant did not act maliciously; or
2. natural causes ignited the fire

Common evidence that criminal defense attorneys rely on include:

• surveillance video of the area with the fire;
• weather reports that may show dry conditions;
• eyewitness accounts; and/or
• expert testimony from fire specialists

As with every criminal case, the district attorney has the burden to prove guilt beyond a reasonable doubt.

Our criminal defense lawyers serve clients throughout Clark County, Washoe County, and the state of Nevada. We defend against every misdemeanor and felony crime in the Nevada Revised Statutes, including domestic violence and DUI.

Disclaimer: Past results do not guarantee future results.

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