ARSON IN THE FIRST DEGREE
(Intentionally Damaging a Building
and Causing Serious Physical Injury
to Another Person)
Penal Law § 150.20
(Committed on or after Nov. 1, 1984 )
The (specify) count is Arson in the First Degree.
Under our law, a person is guilty of Arson in the First
Degree when that person intentionally damages a building [or
motor vehicle] by causing an explosion or a fire, and when such
explosion or fire causes serious physical injury to another person
other than a participant, and when another person who is not a
participant in the crime is present in such building [or motor
vehicle] at the time and the defendant knows that fact or the
circumstances are such as to render the presence of such person
therein a reasonable possibility.
The following terms used in that definition have a special
meaning:
[NOTE: Add, where appropriate:
In addition to its ordinary meaning, the term BUILDING
includes any structure, vehicle or watercraft used for overnight
lodging of persons, or used by persons for carrying on business
therein.1]
[NOTE: Add, where appropriate:
MOTOR VEHICLE includes every vehicle operated or driven
upon a public highway which is propelled by any power other than
1 See Penal Law §150.00(1). That provision further states: “Where a
building consists of two or more units separately secured or occupied, each
unit shall not be deemed a separate building.”
