N.Y. Penal Law § 150.05 : Offenses Involving Damage To And Intrusion Upon Property — Penal — Arson — Arson in the fourth degree Date: 10 Jun 2016 TEXT PDF Current through 2016 New York Laws, Chapters 1 to 237 1. A person is guilty of arson in the fourth degree when he recklessly damages a building or motor vehicle by intentionally starting a fire or causing an explosion. 2. In any prosecution under this section, it is an affirmative defense that no person other than the defendant had a possessory or proprietary interest in the building or motor vehicle. Arson in the fourth degree is a class E felony. N.Y. Penal Law § 150.05