ARSON IN THE SECOND DEGREE – DANGER OF DEATH OR BODILY INJURY

ARSON IN THE SECOND DEGREE – DANGER OF DEATH OR BODILY INJURY: H.R.S. § 708-8252(1)(a) (Applicable to offenses occurring on or after June 9, 2006) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant’s name), is charged with the offense of Arson in the Second Degree. A person commits the offense of Arson in the Second Degree if he/she intentionally or knowingly sets fire to or causes to be burned property and recklessly places another person in danger of death or bodily injury. There are three material elements of the offense of Arson in the Second 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 recklessly placed another person in danger of death or bodily injury by such conduct. Notes H.R.S. §§ 708-8251(1)(a), 702-206(1), (2), and (3). 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: