PL 150.15 · Article 150
Arson in the Second Degree
This offense concerns intentionally damaging a building or motor vehicle by starting a fire while a nonparticipant is present. The accused must know of that presence or the circumstances must make a person’s presence reasonably possible.
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Text us immediately · (845) 290-2492Definition under New York law
PL 150.15 · Original statutory wording; excerpts must be read together with the full section.
§ 150.15 Arson in the second degree.
A person is guilty of arson in the second degree when he intentionally
damages a building or motor vehicle by starting a fire, and when (a)
another person who is not a participant in the crime is present in such
building or motor vehicle at the time, and (b) the defendant knows that
fact or the circumstances are such as to render the presence of such a
person therein a reasonable possibility.
Arson in the second degree is a class B felony.Read the full section at the New York State SenateIn everyday language
This offense concerns intentionally damaging a building or motor vehicle by starting a fire while a nonparticipant is present. The accused must know of that presence or the circumstances must make a person’s presence reasonably possible.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The applicable alternative and each requirement are set out in the statutory definition above. Counsel must identify the subsection actually charged and compare every requirement with the evidence.
Defenses that commonly apply
- No person was present in the building.
- The structure is not a building as the statute defines it.
- The fire was not intentionally started.
Penalties and collateral consequences
A Class B Felony carries a maximum sentence of up to 25 years and a fine of up to $5,000.
Common questions about your defense
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.