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HAWJIC 10.57
ARSON IN THE FOURTH DEGREE
Hawaiʻi Pattern Jury Instructions — Criminal · Added 10/07/08 · compendium p. 654
Statutes:§708-8254
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Arson in the Fourth 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; and
2. That the Defendant did so intentionally, knowingly, or recklessly; and
3. That the Defendant damaged the property of another person without the person’s consent by such conduct.
ARSON IN THE FOURTH DEGREE – H.R.S. § 708-8254 (Applicable to offenses occurring on or after April 9, 2007)
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant’s name), is charged with the offense of Arson in the Fourth Degree. A person commits the offense of Arson in the Fourth Degree if he/she intentionally, knowingly, or recklessly sets fire to or causes to be burned property and thereby damages the property of another without the other’s consent.
There are three material elements of the offense of Arson in the Fourth 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; and
2. That the Defendant did so intentionally, knowingly, or recklessly; and
3. That the Defendant damaged the property of another person without the person’s consent by such conduct.
Notes H.R.S. §§ 708-8254, 702-206(1) and (2). For definition of states of mind, see instructions: For definition of terms defined H.R.S. Chapter 708, see instructions:
Also references
Verify against the current official HAWJIC compendium.