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 § 150.20 (2026)

Arson in the first degree

✓ current as of May 2026
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§ 150.20 Arson in the first degree.
  1. A person is guilty of arson in the first degree when he
intentionally damages a building or motor vehicle by causing an
explosion or a fire and when (a) such explosion or fire is caused by an
incendiary device propelled, thrown or placed inside or near such
building or motor vehicle; or when such explosion or fire is caused by
an explosive; or when such explosion or fire either (i) causes serious
physical injury to another person other than a participant, or (ii) the
explosion or fire was caused with the expectation or receipt of
financial advantage or pecuniary profit by the actor; and when (b)
another person who is not a participant in the crime is present in such
building or motor vehicle at the time; and (c) the defendant knows that
fact or the circumstances are such as to render the presence of such
person therein a reasonable possibility.
  2. As used in this section, "incendiary device" means a breakable
container designed to explode or produce uncontained combustion upon
impact, containing flammable liquid and having a wick or a similar
device capable of being ignited.
  Arson in the first degree is a class A-I felony.
Notes of Decisions
Cited in 39 cases (7 in the last 5 years), 1977–2025 · leading case: People v. Thompson, 633 N.E.2d 1074 (N.Y. 1994).
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People v. Thompson, 633 N.E.2d 1074 (N.Y. 1994). · cites it 2× “25), and arson in the first degree (Penal Law § 150.20). As noted, Angela Thompson's sale was slightly over the required two-ounce weight to qualify as an A-I crime ( compare , People v Ryan , 82 N.”
People v. Vilardi, 555 N.E.2d 915 (N.Y. 1990). “Damage caused by an explosion is an element of arson in the first degree (Penal Law § 150.20 [1]). The Bernacet brothers — who unlike defendant had made fairly extensive inculpatory statements — were tried first, on the same charges on which defendant was later tried.”
People v. Truitt, 2023 NY Slip Op 01028 (N.Y. App. Div. 2023). “25 [1], [3]; Penal Law § 150.20 [1]; People v Permaul , 174 AD3d 1127 , 1128-1129 [3d Dept 2019], lv denied 34 NY3d 983 [2019]; People v Vega , 170 AD3d 1266 , 1271 [3d Dept 2019], lv denied 33 NY3d 1074 [2019]).”
People v. Fernandez, 150 Misc. 2d 560 (N.Y. Sup. Ct. 1991). · cites it 10× “ior doused with gasoline, it is driven into the lobby of a New York City apartment building and ignited with a book of matches? The People *561 argue in opposition to defendants’ motion to dismiss the indictment that defendants constructed "a [M]olotov cocktail with four wheels”…”
People v. Rivers, 960 N.E.2d 419 (N.Y. 2011). “Defendant was charged with numerous offenses, including three counts of arson in the first degree (Penal Law § 150.20), *225 in connection with two fires set five days apart in a four-story apartment building located at 408 Greene Avenue in Brooklyn, New York.”
State v. Pellegrino, 480 A.2d 537 (Conn. 1984). “See N.Y. Penal Law § 150.20 (McKinney 1983). This modification suggests that the New York General Assembly considered its previous arson statute, the one upon which § 53a-111 (Rev.”
People v. Casey, 37 A.D.3d 1113 (N.Y. App. Div. 2007). “Memorandum: Defendant appeals from a judgment convicting her following a jury trial of, inter alia, arson in the first degree (Penal Law § 150.20) and two counts of murder in the second degree (§ 125.”
People v. Meyers, 2020 NY Slip Op 2419 (N.Y. App. Div. 2020). “nterest of justice and on the law by vacating that part of the sentence ordering restitution and as modified the judgment is affirmed and the matter is remitted to Steuben County Court for further proceedings in accordance with the following memorandum: Defendant appeals from a…”
People v. Butler, 2 A.D.3d 1457 (N.Y. App. Div. 2003). “Memorandum: On appeal from a judgment convicting him following a jury trial of arson in the first degree (Penal Law § 150.20) and two counts of intimidating a witness in the third degree (§ 215.”
People v. Tutt, 305 A.D.2d 987 (N.Y. App. Div. 2003). “Memorandum: Defendant appeals from a judgment convicting him following a jury trial of arson in the first degree (Penal Law § 150.20), criminal impersonation in the second degree (§ 190.”
People v. Dubois, 2022 NY Slip Op 01703 (N.Y. App. Div. 2022). “We do, however, conclude that the judgment must be modified inasmuch as the sentence imposed on count nine, for arson in the first degree (Penal Law § 150.20), is illegal. On that class A-I felony, defendant was sentenced to a determinate term of imprisonment of 25 years, with 5…”
People v. Graham, 125 A.D.3d 1496 (N.Y. App. Div. 2015). “Memorandum: On appeal from a judgment convicting him upon a jury verdict of arson in the first degree (Penal Law § 150.20 [1]), defendant contends that he was denied effective assistance of counsel by a “litany of errors” by his trial counsel.”
Show all 39 citing cases →
N.Y. Penal Law § 150.20(1): 1 case
People v. Fernandez, 150 Misc. 2d 560 (N.Y. Sup. Ct. 1991). “ior doused with gasoline, it is driven into the lobby of a New York City apartment building and ignited with a book of matches? The People *561 argue in opposition to defendants’ motion to dismiss the indictment that defendants constructed "a [M]olotov cocktail with four wheels”…”
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