Which statement describes NY 1st Degree Arson?

Which statement describes NY 1st Degree Arson?

• A. The offender commits 2nd degree arson plus an explosive or incendiary device
• B. The offender commits 2nd degree arson
• C. The offender commits 3rd degree arson plus a weapon
• D. The offender commits 4th degree arson

Answer: (A)

In New York, arson is ranked by degrees, and the top degree is triggered when an explosive or incendiary device is involved in the arson. That means the offense is essentially second-degree arson with the added element of an explosive or incendiary device, which elevates it to first-degree arson. The device is the factor that pushes the crime up a notch; without it, simply committing second-degree arson would not reach the highest level. So the described scenario—second-degree arson plus an explosive or incendiary device—best fits first-degree arson.

In New York, arson is ranked by degrees, and the top degree is triggered when an explosive or incendiary device is involved in the arson. That means the offense is essentially second-degree arson with the added element of an explosive or incendiary device, which elevates it to first-degree arson. The device is the factor that pushes the crime up a notch; without it, simply committing second-degree arson would not reach the highest level. So the described scenario—second-degree arson plus an explosive or incendiary device—best fits first-degree arson.