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The Honolulu Advertiser
Posted on: Saturday, June 10, 2006

Governor signs new arson laws

By Karen Blakeman
Advertiser Staff Writer

Two bills designed to fight the annual rash of summer brushfires were signed into law this week by Gov. Linda Lingle.

One establishes Hawai'i's first arson law, and the other sets penalties for those who set brushfires that burn 10,000 square feet or more. The second bill includes a provision for parents to pay the cost of fighting fires set by minors.

Senate Bill 951 creates four degrees of arson violations. First-through-third-degree arson would require authorities to prove the suspect either put a person in danger of death or bodily injury, or recklessly damaged another person's property.

For a first-degree charge, damage would have to exceed $20,000; second-degree, $1,500; and third-degree, $500 or more. Prison terms would range from 20 years for first-degree arson to five for third-degree. Fines could be up to $50,000.

Fourth-degree arson would be a misdemeanor, a level of charge that normally carries penalties of up to a year in jail and fines of up to $2,000. Fourth-degree would require police and prosecutors to prove the person intentionally or knowingly set fire to property. No dollar amount is specified for damage.

Under Senate Bill 2941, those who light brushfires that burn at least 10,000 square feet of land would be required to pay the costs of extinguishing the fire and to perform community service in the area damaged. If the person is a minor, the parents could be required to pay.

Reach Karen Blakeman at kblakeman@honoluluadvertiser.com.