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HAWJIC 10.54
ARSON IN THE FIRST DEGREE – DANGER OF DEATH OR BODILY INJURY
Hawaiʻi Pattern Jury Instructions — Criminal · Added 10/07/08 · compendium p. 642
Statutes:§708-8251
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Arson in the First Degree, each of which the prosecution must prove beyond a reasonable doubt.
These three elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant [set fire to] [caused to be burned] property of another; and
2. That the Defendant did so intentionally or knowingly; and
3. That the Defendant knowingly placed another person in danger of death or bodily injury by such conduct.
ARSON IN THE FIRST DEGREE – DANGER OF DEATH OR BODILY INJURY: H.R.S. § 708-8251(1)(a)
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant’s name), is charged with the offense of Arson in the First Degree. A person commits the offense of Arson in the First Degree if he/she intentionally or knowingly sets fire to or causes to be burned property and knowingly places another person in danger of death or bodily injury.
There are three material elements of the offense of Arson in the First Degree, each of which the prosecution must prove beyond a reasonable doubt.
These three elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant [set fire to] [caused to be burned] property of another; and
2. That the Defendant did so intentionally or knowingly; and
3. That the Defendant knowingly placed another person in danger of death or bodily injury by such conduct.
Notes H.R.S. §§ 708-8251(1)(a), 702-206(1) and (2). For definition of states of mind, see instructions: For definition of terms defined by H.R.S. Chapter 708, see instruction: For definition of terms not defined by H.R.S. Chapter 708, see instruction:
Also references
Verify against the current official HAWJIC compendium.