PL 150.01 · Article 150

Arson in the Fifth Degree

Arson in the fifth degree means intentionally damaging another person's property without their consent by intentionally starting a fire or causing an explosion. It is the only arson charge in New York that is a misdemeanor.

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What the prosecutor must prove

  • You damaged property belonging to another person.
  • You did so without the owner's consent.
  • You acted intentionally — the fire or explosion was started on purpose.

Defenses that commonly apply

  • The fire was accidental, not intentionally started.
  • You had the owner's consent or a right to be there.
  • The origin of the fire cannot be established.
  • The identification of the person responsible is wrong.

Penalties and collateral consequences

A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to Up to $1,000.

Every case turns on its own facts. The information on this page is general, not legal advice.

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