1. 1. A person commits the offense of arson in the second degree if he or she knowingly damages a building or inhabitable structure by starting a fire or causing an explosion.

2. 2. A person does not commit an offense under this section if:

   1. (1) No person other than himself or herself has a possessory, proprietary or security interest in the damaged building, or if other persons have those interests, all of them consented to his or her conduct; and
   2. (2) The person's sole purpose was to destroy or damage the building for a lawful and proper purpose.
3. 3. The defendant shall have the burden of injecting the issue under subsection 2 of this section.
4. 4. The offense of arson in the second degree is a class D felony unless a person has suffered serious physical injury or has died as a result of the fire or explosion, in which case it is a class B felony.

(L. 1977 S.B. 60, A.L. 1987 H.B. 57, A.L. 2014 S.B. 491)

Effective 1-01-17