What are the 4 degrees of arson under Nevada law?

Q: 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 matter

Q: 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 matter

Q: 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; 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 matter.

Q: 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.

Q: What are defenses to arson charges?

Two potential ways to fight the prosecution of the crime of arson include: the incident was an accident, and the defendant did not act maliciously; or 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.

Posted on November 8, 2022

What happens if I get arrested for "arson" in Las Vegas, Nevada? Laws & penalties

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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

A potential arson defense is that the defendant did not intentionally set fire to the property.

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:

the incident was an accident, and the defendant did not act maliciously; or
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.

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Call our law firm for help. Our Las Vegas arson attorneys offer free consultations.

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.

Legal References

NRS 205.010. See also State v. Second Judicial Dist. Court of Nev. (2020) 462 P.3d 671.
NRS 205.015. See also Bishop v. Sheriff, Clark County (1972) 88 Nev. 580.
NRS 205.020. See also United States v. Espinoza (9th Cir., 2020) 816 Fed. Appx. 82.
NRS 205.025. NRS 205.055. See also McKenna v. Sheriff of Clark County (1968) 85 Nev. 524.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

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