State v. District Court
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The Supreme Court denied the State's petition challenging the district court's order denying the State's proposed jury instruction regarding the level of mens rea the State must prove to convict David Radonski of arson, holding that the State must prove that Radonski engaged in violation conduct coupled with a specific intent to harm.
The State charged Radonski with multiple counts of arson in connection with the 2018 Perry Fire that burned over 51,000 acres. The State argued that Radonski could be liable for arson if he merely intended to commit the proscribed act of starting a fire, regardless of whether he intended to cause resulting harm. Radonski objected to the State's proposed jury instruction, arguing that the State must prove that he specifically intended to cause harm emanating from misconduct. The district court determined that arson is a specific-intent crime and denied the State's proposed jury instruction. The Supreme Court agreed, holding that Nevada's arson statutes plainly require that the State prove that Radonski "willfully and maliciously" caused a fire, which means that the State must prove a specific intent to harm in addition to a volitional act.
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