ARSON IN THE FOURTH DEGREE

ARSON IN THE FOURTH DEGREE – H.R.S. § 708-8254 (Applicable to offenses that occurred on or after June 9, 2006, up to and including April 8, 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 or knowingly 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 or knowingly; 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: