Nevada law defines arson as willfully and maliciously setting fire to property. The law recognizes four degrees of arson:
- First-degree (NRS 205.010) is burning buildings or occupied vehicles.
- Second-degree (NRS 205.015) is burning abandoned structures.
- Third-degree (NRS 205.020) is burning unoccupied vehicles or vegetation.
- Fourth-degree (NRS 205.025) is burning anything else.
Many cases stem from allegations of defendants burning their own property to collect on insurance. This is considered a form of insurance fraud.
The language of the code section states that:
A person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of any:
1. Dwelling house or other structure or mobile home, whether occupied or vacant; or
2. Personal property which is occupied by one or more persons,
whether the property of the person or of another, is guilty of arson in the first degree which is a category B felony and shall be punished by imprisonment for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $15,000.
Examples
Typical arson scenarios are:
- Burning a car or motorcycle to make a claim for automobile insurance
- Setting an ex’s home or yard on fire out of revenge
- Setting fire to a government building or vehicle out of protest
Penalties
Arson is a felony in Nevada. The prison sentence and fine amount depend on the degree.
- 1st-degree: 2 – 15 years and up to $15,000
- 2nd-degree: 1 – 10 years and up to $10,000
- 3rd-degree: 1 – 4 years and up to $5,000
- 4th-degree: 1 – 4 years and up to $5,000 (plus a possible additional $5,000 fine)
The court may also order that defendants pay restitution.
Defenses
Common defense strategies to arson charges include:
- It was an accident (lack of intent);
- The fire was a natural disaster; or
- Someone falsely accused the defendant
Below our Las Vegas criminal defense lawyers discuss:
- 1. What is arson in Nevada?
- 2. What are common defenses?
- 3. Can the record be sealed?
- 4. What are the immigration consequences?
- 5. What other crimes are charged with arson?
Many arson charges ensue from allegations that the defendant was trying to collect on insurance.
1. What is arson in Nevada?
Under Nevada law, the crime of arson is when a person “willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of any” real estate, buildings, mobile homes, vehicles, or other personal property. In short, arson is intentionally setting fire to land, structures, vehicles, or other property. 1
Suspects face arson charges even if they were not near the fire. It is possible to start a fire at a distance.
Example: Russell is upset his ex-girlfriend cheated on him. He wants to burn down her Henderson house. Russell then pays a friend to drive there and throw a Molotov cocktail into her backyard. This sparks a fire that damages the home. Here, the D.A. could charge both Russell and his friend for arson. Russell for orchestrating it. And the friend for helping him carry it out.
1.1. Types of arson and punishments
Nevada law divides arson into four degrees. Each comprises a type of property damage and carries its own sentence.
| Degree of Arson and Definition | Nevada Penalties | |
| First-degree arson (NRS 205.010) Willfully or maliciously setting fire to (or helping to set fire to):
| Category B felony:
| |
| Second-degree arson (NRS 205.015) Willfully or maliciously setting fire to (or helping to set fire to):
| Category B felony:
| |
| Third-degree arson (NRS 205.020) Willfully or maliciously setting fire to (or helping to set fire to):
| Category D felony:
| |
| Fourth-degree arson (NRS 205.025) Willfully or maliciously attempting to set fire to any of the property listed under first-, second- or third-degree arson in Nevada | Category D felony:
| |
| *Reimbursement for putting out the fire and investigating the incident and other related expenses. | ||
1.2. Additional crime of insurance fraud
Many arson cases concern insurance fraud as well. This is when people set their own property on fire. And then they claim to the insurer that the property is lost or was destroyed by someone else.
Example: Jeffrey regrets buying his boat. It was too expensive to maintain. So he docks it in a deserted area and sets it on fire. Then he calls his insurance company to report the boat stolen. If Jeffrey gets caught, he could face charges for both arson and insurance fraud. Arson for burning the boat. And fraud for trying to collect on insurance after burning the boat.
Insurance fraud by arson is a category B felony. Penalties in Nevada include:
- 1 to 6 years in prison,
- Up to $5,000 in fines (at the court’s discretion); and
- Restitution2
2. What are common defenses?
Three common ways to fight Nevada arson charges are to argue that:
- The incident was an accident;
- The fire was a natural disaster; or
- Someone falsely accused the defendant
2.1. The incident was an accident
A key element of arson is the defendant acts willfully and maliciously. This is a much higher bar than recklessly or negligently. Therefore, genuine accidents that result in a fire cannot be arson. An example may be forgetting to turn off the stove or fireplace.
Arson fires often burn the most incriminating evidence. But prosecutors can try to prove intent through:
- Emails, texts, or voicemails;
- Eyewitnesses; and/or
- Forensic fire experts
Note that deliberately starting a lawful fire – such as a campfire – can qualify as arson if:
- The fire proceeds to burn nearby property; and
- That spread was reasonably foreseeable3
Example: Joe lights up a cigarette while taking a walk. Then he throws the cigarette into the brush without extinguishing it first. It proceeds to burn several acres of property. Joe never intended to start the fire. But it was foreseeable that throwing a lit cigarette into foliage would cause a fire. Therefore, he could face arson charges in Nevada.
Natural disaster is a defense to arson charges.
2.2. The fire was a natural disaster
Nevada and especially Clark County have dry heat. This can contribute to wildfires. This is no one’s fault.
A typical arson defense is Mother Nature caused the fire. Not any person. Forensic experts may be able to support this.
Prosecutors have the burden to prove guilt beyond a reasonable doubt. If they lack evidence to meet this burden, they should dismiss the charge.
2.3. Someone falsely accused the defendant
There are many reasons why people falsely accuse others of arson:
- They burned their own property to get insurance. And they want to pin it on someone else.
- They accidentally started a fire. And they do not want to face the consequences.
- They are true victims of arson. But they end up accusing the wrong person out of anger or revenge.
As long as insufficient evidence links the fire to the defendant, arson charges should not stand.
3. Can the record be sealed?
Dismissed arson charges are sealable immediately in Nevada. But there is a waiting period for arson convictions.
Most category B and D felonies have a five-year waiting period after the case closes. However, Nevada law requires a ten-year waiting period for crimes of violence against people or property. This arguably includes arson.4
People seeking to seal their arson convictions should consult with a lawyer about when to pursue a record seal. Learn more about Nevada record seals.
4. What are the immigration consequences?
Arson can be an aggravated felony. And also a crime involving moral turpitude. Either way, aliens convicted of it face deportation.
Non-citizens in criminal cases should always seek legal counsel. An attorney may be able to get the charge reduced or dismissed.
5. What other crimes are charged with arson?
Insurance fraud frequently accompanies arson charges in Nevada (as discussed above). Depending on the case, three other common charges include:
- Felony murder (NRS 200.030) – if someone died in the fire.
- Burglary (NRS 205.060) – if the defendant entered a building or vehicle with intent to cause the fire.
- Trespass (NRS 207.200) – if the defendant entered another’s property without permission to cause the fire.
For additional help…
If you face arson charges in Nevada, call our Las Vegas arson lawyers for a consultation. Our legal team will do everything we can to get your case dismissed or reduced to a lesser offense. And if the situation calls for it, we are prepared to fight for a “not guilty” verdict at trial.
In California? See our article on PC 451.
In Colorado? See our article on CRS 18-4-102 – 105.
Legal References:
- NRS 205.005. State v. Second Judicial District Court of Nevada (2020) 462 P.3d 671 (“Nevada’s arson statutes plainly require the State to prove that [defendant] “willfully and maliciously” caused a fire, which means the State must prove that [defendant] engaged in volitional conduct coupled with a specific intent to harm.“).
- NRS 205.030.
- Batt v. State (1995) 901 P.2d 664, 111 Nev. 1127; NRS 205.045. Re. defenses, see also Kassa v. State (2021) 485 P.3d 750; Belcher v. State (2020) 464 P.3d 1013.
- NRS 179.245; NRS 179.255.