Docsity
Docsity

Prepare for your exams
Prepare for your exams

Study with the several resources on Docsity


Earn points to download
Earn points to download

Earn points by helping other students or get them with a premium plan


Guidelines and tips
Guidelines and tips

Arson in the First Degree: Penal Law § 150.20, Lecture notes of Law

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.

Typology: Lecture notes

2021/2022

Uploaded on 09/12/2022

pratic
pratic 🇬🇧

5

(4)

216 documents

1 / 3

Toggle sidebar

This page cannot be seen from the preview

Don't miss anything!

bg1
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.”
pf3

Partial preview of the text

Download Arson in the First Degree: Penal Law § 150.20 and more Lecture notes Law in PDF only on Docsity!

ARSON IN THE FIRST DEGREE

(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:

  1. That on or about (date) , in the county of (county) , the defendant (defendant’s name) intentionally damaged a building [ or motor vehicle] by causing an explosion or a fire which caused serious physical injury to another person who was not a participant in the crime; (^2) See Penal Law § 150.00(2). Electrically driven invalid chairs being operated or driven by an invalid, vehicles which run only upon rails or tracks, and snowmobiles are not motor vehicles within this definition. 3 See People v McDonald , 68 NY2d 1 (1986). (^4) See Penal Law § 15.05(1). (^5) See Penal Law § 10.00(10). 2