§708-8254 Arson in the fourth degree.

524 words·~2 min read·/hi/chapter-708/708-8254

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A person commits the offense of arson in the fourth degree if the person 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.

(2)Except as provided in subsection (3), arson in the fourth degree shall be a misdemeanor.

(3)Arson in the fourth degree shall be a class C felony if the act was committed during the time period and within the geographic area in which a red flag warning was in effect. The state of mind requirement for the offense shall not be applicable to the fact that the red flag warning was in effect at the time and within the geographic area in which the act was committed. The state of mind requirement applicable to the attendant circumstance that the red flag warning was in effect at the time and within the geographic area in which the act was committed shall be negligence.

For purposes of this subsection, "red flag warning" means the weather warning issued by the National Weather Service to indicate that warm temperatures, very low humidities, and stronger winds are expected to combine to produce an increased risk of fire danger. [L 2006, c 181, pt of §1; am L 2007, c 11, §2; am L 2024, c 201, §3]

COMMENTARY ON §§708-8251 TO 708-8254

Act 181, Session Laws 2006, added this part, establishing the crime of arson in the first, second, third, and fourth degrees, as property damage offenses. The legislature found that fires that are intentionally set cause extensive damage to public and private properties and threaten lives. Conference Committee Report No. 50-06.

Act 11, Session Laws 2007, amended §708-8254(1) to include recklessness in the state of mind requirement for arson in the fourth degree. Senate Standing Committee Report No. 1128, House Standing Committee Report No. 773.

Act 201, Session Laws 2024, amended §708-8254 to:

(1)raise the criminal penalty for the offense of arson in the fourth degree to a class C felony if the offense was committed during the time period and within the geographic area in which a red flag warning was in effect; and

(2)provide that the state of mind requirement is not applicable to the fact that the red flag warning was in effect and that the state of mind requirement applicable to the attendant circumstance that the red flag warning was in effect is negligence. The legislature found that following the August 2023 Maui wildfires, six working groups were established to evaluate the aftermath of the wildfires and make recommendations for appropriate legislative action. The joint final report of the working groups, which was released in December 2023, contained recommendations including but not limited to penalties for violations of state fire protection laws and criminal penalties for arson during red flag warnings. Accordingly, the legislature noted that Act 201 would ensure the safety and protection of the State's communities, rangelands, and forested watersheds by deterring certain actions that lead to a heightened risk of wildfires. Senate Standing Committee Report No. 3085, Senate Standing Committee Report No. 3649.