Which combination triggers NY Arson 1st Degree?

• A. Intentional burning of building
• B. Intentional burning of building with occupant inside
• C. Intentional burning of building with occupant inside and use of explosive or incendiary device
• D. Reckless burning

Answer: (C)

First-degree arson in New York is an aggravated form of arson that carries the highest level of punishment, and it requires both that the fire is set in a building with an occupant inside and that an explosive or incendiary device is used. The presence of someone inside shows a risk of death or serious injury, and using a device escalates the offense to the top tier. So the scenario that fits best is intentionally burning a building while someone is inside and employing an explosive or incendiary device.

If a building is burned with an occupant but no device is used, that would generally be a lesser arson offense. If a device is used but no one is inside, it likewise does not meet the first-degree criteria. Reckless burning isn’t arson driven by intent, so it’s a lower offense as well.