NY · jury_instructions
CJI2d[NY] Penal Law § 150.01
ARSON IN THE FIFTH DEGREE
The (specify) count is Arson in the Fifth Degree.
Under our law, a person is guilty of Arson in the Fifth Degree when he or she intentionally damages property of another without the consent of the owner by intentionally starting a fire or causing an explosion.
The following terms used in that definition have a special meaning:
Intent means conscious objective or purpose. Thus, a person INTENTIONALLY damages property by INTENTIONALLY starting a fire or causing an explosion when that person’s conscious objective or purpose is to cause such damage by that means.¹
A person DAMAGES PROPERTY when that person causes the slightest damage to property. Even proof of damage short of burning, such as charring, is sufficient to establish damage. ²
In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, both of the following two elements:
1. That on or about (date), in the county of (county), the defendant (defendant’s name), damaged the property of (specify) without the owner’s (specify) consent; and,
2. That the defendant did so intentionally by intentionally starting a fire [or causing an explosion].
If you find the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of this crime.
If you find the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of this crime.
History
Caption: ARSON IN THE FIFTH DEGREE Penal Law § 150.01 (Committed on or after Nov. 1, 2001). Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
8bd8a1b62ac8fa9f9fb2c7e5751ff2a4e0a3c991d06df54280bfab1254b0abb0
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