What degree of arson is John Smith likely to be charged with for starting a fire around his girlfriend's new boyfriend's house?

John Smith is likely to be charged with 1st degree arson because this type of arson involves intentionally setting a fire that is either designed to cause great bodily harm or death, or causes significant damage to a structure. In this scenario, starting a fire around someone else's house, particularly with the emotional context of targeting the girlfriend's new boyfriend, indicates a high level of intent to cause harm or fear.

1st degree arson typically involves the potential for severe consequences or endangerment to individuals inside or near the property. If the fire posed a threat to life or resulted in major damage, it would elevate the charge to 1st degree. Factors such as the location of the fire near a residence and the potential for injury or loss of life also support the likelihood of this charge over lesser degrees of arson.

The other degrees of arson, such as 2nd, 3rd, and 4th, carry charges for situations that may involve less intent to cause injury, or where the damage is not as severe, making them less applicable given the circumstances described in the question.