Arson is the intentional burning of property—such as a building, car, boat, crops, or trees—with criminal or fraudulent intent. The criminal intent or motive behind arson is often insurance fraud—such as when the owner of property intentionally burns it and then files an insurance claim without disclosing the owner intentionally started the fire.
Arson is a felony offense under most state laws, but there are often different degrees of severity, depending on factors such as whether the fire results in physical injury or death. Arson is also a crime under federal law, which makes it illegal to use fire or an explosive to damage or destroy property used in interstate or foreign commerce, or in any activity affecting interstate or foreign commerce.
In New York State, arson is classified as a serious felony offense, with the law recognizing several degrees of severity based on the circumstances surrounding the crime. The most severe form, first-degree arson, involves setting fire to a building or vehicle when there is a reasonable expectation that people are inside, which can result in a sentence of up to life in prison. Lesser degrees of arson are determined by factors such as whether the perpetrator had an intent to cause harm, whether the fire caused injury or death, and the type of property that was burned. For example, second-degree arson involves intentionally damaging a building or vehicle by starting a fire or causing an explosion when another person who is not a participant in the crime is present inside at the time, and third-degree arson involves intentionally damaging a building or vehicle by starting a fire or causing an explosion. Arson for insurance fraud purposes is also a recognized crime in New York. Additionally, federal law prohibits arson in relation to property used in interstate or foreign commerce, or any activity affecting such commerce, which can lead to federal charges if the arson crosses state lines or has a federal nexus.