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The legal definition and elements of arson in the first degree under new york penal law § 150.20. The crime involves intentionally damaging a building or motor vehicle by causing an explosion or fire, resulting in serious physical injury to another non-participant, with their presence being known or reasonably possible.
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(Intentionally Damaging a Building and Causing Serious Physical Injury to Another Person) Penal Law § 150. (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.”
muscular power. 2 ] A person DAMAGES A BUILDING [ or MOTOR VEHICLE] when that person causes the slightest damage to the building [ or motor vehicle]. Even proof of damage short of burning, such as charring, is sufficient to establish damage to a building [ or motor vehicle]. 3 Intent means conscious objective or purpose. Thus, a person INTENTIONALLY damages a building [ or motor vehicle] by causing an explosion or a fire when that person's conscious objective or purpose is to cause such damage by that means. 4 SERIOUS PHYSICAL INJURY means physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.^5 In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, each of the following three elements: