Thanks in advance to Carol Matsumora from Family Court for helping me find the information in the Hawai‘i Revised Statutes. Due to the rising number of fires, the youth I meet with are becoming suspicious. They want to know if
Thanks in advance to Carol Matsumora from Family Court for helping me find the information in the Hawai‘i Revised Statutes.
Due to the rising number of fires, the youth I meet with are becoming suspicious. They want to know if there is a law about setting fires. There is. The legal term for intentionally setting fires on another’s property is called arson.
It is covered under HRS 708-8253: “A person commits the offense of arson in the third degree if the person intentionally or knowingly sets the property of another, without the other’s consent, in an amount exceeding $500, but less than $1,500. It is a class C Felony.
If the damage exceeds $1,500 but less than $20,000, it is arson in the second degree, and is a class B felony.(708-8252) If the damage exceeds $20,000, it is arson in the first degree, and is a class A felony. (708-8251) If the damage is over $50, but under $500, it is a misdemeanor.
All of these offenses carry fines, and may require detention time. Because arson is so very dangerous, and people risk their lives to protect us from its rampant destruction, and causes such costly damage quickly, there is another law which applies to arson.
706-606.2; “In addition to any other penalty imposed, a person convicted of arson involving fire set to brush, grass, vegetation on the land resulting in damage to 10,000 square feet of property, (less than an acre) may be required to:
• Pay any costs associated with extinguishing the fire.
• Perform community service work in the region in which the property damage occurred.
With regard to any fine or monetary penalty that may be imposed on a minor convicted or adjudicated for an offense of arson, the parents or legal guardians of the minor shall be liable for the percentage of costs associated with extinguishing the fire based upon the apportionment of fire damage to real or personal property caused by the minor as a result of committing the offense of arson, regardless of whether the property is publicly or privately owned.
Nothing in this section shall prohibit a separate criminal action being brought by the state or a civil action brought by the state or a third party for conduct that constitutes an offense of arson.”
What that means is that if a person causes a fire in Hawai‘i, they have to pay for the costs to put it out, and serve community service hours, to give back to the area where the damage occurred. If a person under the age of 18 starts the fire, their parents have to pay for the costs.
I urge teens to tell their friends to consider the consequences of their actions. Tell them that it isn’t cool to start fires. Friends don’t let friends start fires.
First of all, they could get burned in the process. These dry conditions and our wonderful wind can cause fires to easily jump to unplanned places.
Secondly, it is an assault to the land, our ‘aina, our home, and all of the living beings upon it … the grasses and trees which give us oxygen to breathe, baby birds in nests that can’t fly away, a stray cat’s kittens, bees that are becoming scarce, and more.
Thirdly, our wonderful firefighters are at risk every time they go in to stop these blazes. A year and a half ago a volunteer helicopter pilot died while operating a bucket to carry water to difficult areas to reach. How would an arsonist feel if one person were to get hurt?
What if a seemingly harmless fire raged out of control, and a kupuna or keiki was unable to escape a home that became consumed with flames. Now we’re talking manslaughter, a Class A felony.
I urge the families, kupuna, teachers and ministers to continue to teach our children the gift of all life, and its interconnectedness. If a child truly understood these things, setting a fire would be recognized as a horrible choice to make. We’d have to understand that a child who would do this would be in extreme pain him/herself, or feel very disconnected to his/her world.
Which takes us to another consequence: Children love to be with their families. When a child asked, “What would a minor have to do to get put in a juvenile detention center?”
Juvenile Public Defender Edmund Acoba responded, “That child would have to demonstrate that he was a danger to himself or others.” Starting fires could be interpreted as both.
To the wonderful youth that I work with every day who do understand our connectedness to ‘aina, and love our Kaua‘i, I hope you will be our eyes and ears, and our voice. Speak to the others. Redirect them to other fun things to do. Make a difference for all of us. And thank you. We need heroes. Pay it forward.
Several adults have “stepped into the corner” for our teens, to answer questions and give support in the boxing ring of life. They are Catherine Stovall, community response specialist, County of Kaua’i; Edmund Acoba, Public Defender; Craig DeCosta, county Prosecuting Attorney; Officer Paul Applegate, Kaua’i Police Department; Daniel Hamada, Superintendent of Schools; Jill Yoshimatsu, Director of the DOE Mokihana program; and Annaleah Atkinson, Teen Court Manager for Hale ‘Opio Kaua’i.
If you have something to share with Kaua’i Teens, or need to ask a question, e-mail, or snail mail Annaleah at the contact information below. She will field it to the person who can best help with the answer.
• Annaleah Atkinson is the Teen Court manager for Hale ‘Opio Kaua‘i. She can be reached at aatkinson@haleopio.org, or Hale ‘Opio Kaua‘i Inc., 2959 Umi St., Lihu‘e, HI 96766.
