§ 150.10 Arson in the third degree.\n 1. A person is guilty of arson in the third degree when he\nintentionally damages a building or motor vehicle by starting a fire or\ncausing an explosion.\n 2. In any prosecution under this section, it is an affirmative defense\nthat (a) no person other than the defendant had a possessory or\nproprietary interest in the building or motor vehicle, or if other\npersons had such interests, all of them consented to the defendant's\nconduct, and (b) the defendant's sole intent was to destroy or damage\nthe building or motor vehicle for a lawful and proper purpose, and (c)\nthe defendant had no reasonable ground to believe that his conduct might\nendanger the life or safety of another person or damage another building\nor motor vehicle.\n Arson in the third degree is a class C felony.\n
N.Y. Penal Law § 150.10
Arson in the third degree
Applied in 21 court decisions — leading case Bautista v. Attorney General of the United States (2014)
Most recently applied in People v. Breedlove (January 2024)
2014-09-22
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.