N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Involving Damage to and Intrusion Upon Property / ARTICLE Arson
New York Consolidated Laws

N.Y. Penal Law § 150.01 (2026)

Arson in the fifth degree

✓ current as of May 2026
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§ 150.01 Arson in the fifth degree.
  A person is guilty of arson in the fifth degree when he or she
intentionally damages property of another without consent of the owner
by intentionally starting a fire or causing an explosion.
  Arson in the fifth degree is a class A misdemeanor.
Notes of Decisions
Cited in 7 cases, 2004–2010 · leading case: United States v. Javier Velasquez-Reyes, A.K.A. Javier Alvarado-Hernandez, 427 F.3d 1227 (9th Cir. 2005).
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United States v. Javier Velasquez-Reyes, A.K.A. Javier Alvarado-Hernandez, 427 F.3d 1227 (9th Cir. 2005). “§ 30-17-5 (West 2005); N.Y. Penal Law § 150.01 (McKinney 2005); N.”
United States v. Knight, 606 F.3d 171 (4th Cir. 2010). “§ 30-17-5(A); N.Y. Penal Law § 150.01 ; Or.Rev.Stat. § 164.”
United States v. Velez-Alderete, 569 F.3d 541 (5th Cir. 2009). “§ 30-17-5 ("any property, whether the person’s own property or the property of another person, to collect insurance for the loss”); N.Y. Penal Law § 150.01 ("property of another without consent of the owner by intentionally starting a fire”); N.”
People v. Harvin, 75 A.D.3d 559 (N.Y. App. Div. 2010). “15), rather than the property of another (see Penal Law § 150.01), by starting the subject fire (cf.”
In re Jermaine J., 6 A.D.3d 87 (N.Y. App. Div. 2004). “For example, where a juvenile is charged with an act of arson under Penal Law § 150.01, the court must ensure that the youth understands that the crime to which he is admitting involves not only setting a fire, but intentionally damaging property by intentionally starting the…”
United States v. Velez-Alderete (5th Cir. 2009). “§ 30- 17-5 (“any property, whether the person’s own property or the property of another person, to collect insurance for the loss”); N.Y. PENAL LAW § 150.01 (“property of another without consent of the owner by intentionally starting a fire”); N.”
United States v. Velasquez-Reyes (9th Cir. 2005). “§ 30-17 - 5 (West 2005); N.Y. Penal Law § 150.01 (McKinney 2005); N.”
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