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Suffolk County Criminal Lawyers

ARSON
Section 150.00 Arson;  definitions -Suffolk County 

 As used in this article, 1. "Building", in addition to its ordinary meaning, includes any structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein.  Where a building consists of two or more units separately secured or occupied, each unit shall not be deemed a separate building.

 2. "Motor vehicle", includes every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except (a) electrically-driven invalid chairs being operated or driven by an invalid, (b) vehicles which run only upon rails or tracks, and (c) snowmobiles as defined in article forty-seven of the vehicle and traffic law.
 

Section 150.01 Arson in the fifth degree -Suffolk County 

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.
 

Section 150.05 Arson in the fourth degree -Suffolk County 

 1. A person is guilty of arson in the fourth degree when he recklessly damages a building or motor vehicle by intentionally starting a fire or causing an explosion.

 2. In any prosecution under this section, it is an affirmative defense that no person other than the defendant had a possessory or proprietary interest in the building or motor vehicle.

 Arson in the fourth degree is a class E felony.
 

Section 150.10 Arson in the third degree -Suffolk County 

 1. A person is guilty of arson in the third degree when he intentionally damages a building or motor vehicle by starting a fire or causing an explosion.

 2. In any prosecution under this section, it is an affirmative defense that  (a) no person other than the defendant had a possessory or proprietary interest in the building or motor vehicle, or if other persons had such interests, all of them consented to the defendant's conduct, and (b) the defendant's sole intent was to destroy or damage the building or motor vehicle for a lawful and proper purpose, and (c) the defendant had no reasonable ground to believe that his conduct might endanger the life or safety of another person or damage another building or motor vehicle.

 Arson in the third degree is a class C felony.
 

 Section 150.15 Arson in the second degree -Suffolk County 

 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.
 

 Section 150.20 Arson in the first degree -Suffolk County 

 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.