Utah Code 76-6-104.5. Abandonment of a fire — Penalties
Current as of: 2024 | Check for updates
|
Other versions
(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 |
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 76-6-104.5
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- 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
- 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 abandonment of a fire if, under circumstances not amounting to the offense of arson, aggravated arson, or causing a catastrophe, the actor leaves a fire:(2)(a) without first completely extinguishing it; and(2)(b) with the intent to not return to the fire.(3) A violation of Subsection (2):(3)(a) is a class C misdemeanor if there is no property damage;(3)(b) is a class B misdemeanor if property damage is less than $1,000 in value; and(3)(c) is a class A misdemeanor if property damage is or exceeds $1,000 in value.(4) An actor does not commit a violation of Subsection (2) if the actor leaves a fire to report an uncontrolled fire.(5) If a violation of Subsection (2) involves a wildland fire, the actor is also liable for suppression costs under Section 65A-3-4.(6) A fire spreading or reigniting is prima facie evidence that the actor did not completely extinguish the fire as required by Subsection (2)(a). - Value: means :