Haw. Pattern Jury Instr. (Criminal) 10.56A

H.R.S. § 708-8253(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 Third Degree.

A person commits the offense of Arson in the Third 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 $500.

There are six material elements of the offense of Arson in

the Third 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; 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

$500] [consciously disregarded a substantial and unjustifiable

risk that the damage exceeded $500]; and

6. That the damage to the property exceeded $500.