PL 150.20 · Article 150
Arson in the First Degree
First-degree arson involves intentionally damaging a building or motor vehicle by fire or explosion, with a statutory aggravating circumstance and a nonparticipant present. Death is not a required element; the prosecution must prove the presence and knowledge conditions in PL 150.20.
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Text us immediately · (845) 290-2492What the prosecutor must prove
- You intentionally damaged a building or motor vehicle by causing a fire or explosion.
- The fire or explosion involved a statutory incendiary device or explosive, caused serious physical injury to a nonparticipant, or was caused with the expectation or receipt of financial advantage or profit.
- A person who was not a participant was present in the building or vehicle at the time.
- You knew that person was present, or the circumstances made their presence a reasonable possibility.
Defenses that commonly apply
- The statutory aggravating circumstance or the nonparticipant's presence cannot be proved.
- You did not know of the person's presence and the circumstances did not make it a reasonable possibility.
- The fire was not intentionally started.
- The structure does not meet the statutory definition of a building.
Penalties and collateral consequences
A Class A-I Felony carries a maximum sentence of up to life and a fine of up to Up to $5,000.
Every case turns on its own facts. The information on this page is general, not legal advice.