N.Y. Penal Law § 150.20: Arson in the first degree

§ 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.