ARSON IN THE SECOND DEGREE – DAMAGE EXCEEDS $1,500

ARSON IN THE SECOND DEGREE – DAMAGE EXCEEDS $1,500: H.R.S. § 708-8252(1)(b) (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 knowingly or recklessly damages the property of another, without the other’s consent, in an amount exceeding $1,500. There are six material elements of the offense of Arson in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt. These six 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 or recklessly damaged the property of another by such conduct; and 4. That the Defendant did so without the consent of the other person; and 5. That the Defendant [was aware that the damage exceeded $1,500] [consciously disregarded a substantial and unjustifiable risk that the damage exceeded $1,500]; and 6. That the damage to the property exceeded $1,500. Notes H.R.S. §§ 708-8251(1)(b), 702-206(1), (2), and (3). For definition of states of mind, see instructions: For definition of terms defined H.R.S. Chapter 708, see instructions: For prima facie inference and defense regarding Defendant’s state of mind as to the value of the property, see instruction 708-801 (valuation of property). However, “HRS § 708-801, but its clear terms, applies only when ‘the value of property or services is determinative of the class or grade of an offense.’ . . . HRS § 708-822 does not, on its face, require a determination of the value of property; HRS § 708-822 refers to the amount of damage done by the offender, not the value of the property damaged.” State v. Pardee, 86 Hawai`i 165, 168, 948 P.2d 586, 589 (App. 1997) (emphasis added). The Intermediate Court also found that even if H.R.S. § 708-801 was applicable to criminal property damage offenses, the value of the damaged items had been sufficiently proved.