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 § 150.15 (2026)

Arson in the second degree

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 110 cases (15 in the last 5 years), 1977–2026 · leading case: People v. Battles, 942 N.E.2d 1026 (NY 2010).
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People v. Battles, 942 N.E.2d 1026 (NY 2010). · cites it 2× “[2] Penal Law § 150.15 provides: "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…”
Allen B. v. Sproat, 14 N.E.3d 970 (NY 2014). “was charged with second-degree arson (Penal Law § 150.15) and first-degree reckless endangerment (id.”
People v. Harris, 72 A.D.3d 1110 (N.Y. App. Div. 2010). · cites it 2× “at the time” of the fire (Penal Law § 150.15 [a]). Evidence adduced at trial established that the subject fire was set in a medical office where the defendant had worked for 2V2 years.”
Santana v. Holder, 714 F.3d 140 (2d Cir. 2013). · cites it 2× “” N.Y. Penal Law § 150.15 (emphasis added).”
State v. John S., 15 N.E.3d 287 (NY 2014). “In 1987, he was indicted for arson in the second degree (Penal Law § 150.15) for intentionally starting a fire on his prison cell bed in the presence of a correction officer.”
State v. Durant, 674 P.2d 638 (Utah 1983). · cites it 4× “" N.Y.Penal Law §§ 150.15, 150.20 (McKinney Supp.”
Commonwealth v. Spenny, 128 A.3d 234 (Pa. Super. Ct. 2015). “See N.Y. Penal Law §§ 150.15 (arson in the second-degree) and 150.”
People v. Regan, 21 A.D.3d 1357 (N.Y. App. Div. 2005). · cites it 2× “Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of arson in the second degree (Penal Law § 150.15) and criminal mischief in the third degree (§ 145.”
People v. Box, 2020 NY Slip Op 1813 (N.Y. App. Div. 2020). “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" (Penal Law § 150.15). "[T]he definition of person contemplates a living human being," and thus section 150.”
Commonwealth v. Northrip, 985 A.2d 734 (Pa. 2009). “See N.Y. Penal Law §§ 150.15 (arson in the second-degree) and 150.”
People v. Hodges, 66 A.D.3d 1228 (N.Y. App. Div. 2009). · cites it 2× “To prove arson in the second degree, the People were required to show that defendant “intentionally damage [d] a building by starting a fire” when there was another person in the building and defendant knew or should have known of the person’s presence (People v Cushner, 46 AD3d…”
People v. Sidbury, 42 N.Y.3d 497 (NY 2024). · cites it 2× “Sidbury burned a "building" as required by Penal Law § 150.15, but that the cuffing port, which was akin to a garbage can, was "property of another," consistent with arson in the fifth degree.”
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