N.Y. Penal Law § 150.15: Arson in the second degree

§ 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.