Utah Code 76-6-102. Arson
Current as of: 2024 | Check for updates
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(1) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-6-102
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fire: means a flame, heat source capable of combustion, or material capable of combustion that is caused, set, or maintained by a person for any purpose. See Utah Code 76-6-101
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Property: means :(1)(e)(i) any form of real property or tangible personal property which is capable of being damaged or destroyed and includes a habitable structure; and(1)(e)(ii) the property of another, if anyone other than the actor has a possessory or proprietary interest in any portion of the property. See Utah Code 76-6-101
- Substantial bodily injury: means bodily injury, not amounting to serious bodily injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ. See Utah Code 76-1-101.5
- Value: means :
(1)(f)(i) the market value of the property, if totally destroyed, at the time and place of the offense, or where cost of replacement exceeds the market value; or(1)(f)(ii) where the market value cannot be ascertained, the cost of repairing or replacing the property within a reasonable time following the offense. See Utah Code 76-6-101(2) An actor commits arson if, under circumstances not amounting to aggravated arson, the person by means of fire or explosives unlawfully and intentionally damages:(2)(a) any property with intention of defrauding an insurer; or(2)(b) the property of another.(3)(3)(a) A violation of Subsection (2)(a) is a second degree felony.(3)(b) A violation of Subsection (2)(b) is a second degree felony if:(3)(b)(i) the damage caused is or exceeds $5,000 in value;(3)(b)(ii) as a proximate result of the fire or explosion, any person not a participant in the offense suffers serious bodily injury as defined in Section 76-1-101.5;(3)(b)(iii)(3)(b)(iii)(A) the damage caused is or exceeds $1,500 but is less than $5,000 in value; and(3)(b)(iii)(B) at the time of the offense the actor has been previously convicted of a violation of this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the commission of the violation of Subsection (2)(b).(3)(c) A violation of Subsection (2)(b) is a third degree felony if:(3)(c)(i) the damage caused is or exceeds $1,500 but is less than $5,000 in value;(3)(c)(ii) as a proximate result of the fire or explosion, any person not a participant in the offense suffers substantial bodily injury as defined in Section 76-1-101.5;(3)(c)(iii) the fire or explosion endangers human life; or(3)(c)(iv)(3)(c)(iv)(A) the damage caused is or exceeds $500 but is less than $1,500 in value; and(3)(c)(iv)(B) at the time of the offense the actor has been previously convicted of a violation of this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the commission of the violation of Subsection (2)(b).(3)(d) A violation of Subsection (2)(b) is a class A misdemeanor if the damage caused:(3)(d)(i) is or exceeds $500 but is less than $1,500 in value; or(3)(d)(ii)(3)(d)(ii)(A) is less than $500; and(3)(d)(ii)(B) at the time of the offense the actor has been previously convicted of a violation of this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the commission of the violation of Subsection (2)(b).(3)(e) A violation of Subsection (2)(b) is a class B misdemeanor if the damage caused is less than $500.