Title 76 Chapter 6 Section 102

Utah Criminal Code
Offenses Against Property
Section 102
Arson.

            

76-6-102.   Arson.

            (1) A person is guilty of arson if, under circumstances not amounting to aggravated arson, the person by means of fire or explosives unlawfully and intentionally damages:

            (a) any property with intention of defrauding an insurer; or

            (b) the property of another.

            (2) A violation of Subsection (1)(a) is a second degree felony.

            (3) A violation of Subsection (1)(b) is a second degree felony if:

            (a) the damage caused is or exceeds $5,000 in value;

            (b) 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 76-1-601;

            (c) (i) the damage caused is or exceeds $1,500 but is less than $5,000 in value; and

            (ii) 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 (1)(b).

            (4) A violation of Subsection (1)(b) is a third degree felony if:

            (a) the damage caused is or exceeds $1,500 but is less than $5,000 in value;

            (b) 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 76-1-601;

            (c) the fire or explosion endangers human life; or

            (d) (i) the damage caused is or exceeds $500 but is less than $1,500 in value; and

            (ii) 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 (1)(b).

            (5) A violation of Subsection (1)(b) is a class A misdemeanor if the damage caused:

            (a) is or exceeds $500 but is less than $1,500 in value; or

            (b) (i) is less than $500; and

            (ii) 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 (1)(b).

            (6) A violation of Subsection (1)(b) is a class B misdemeanor if the damage caused is less than $500.


Amended by Chapter 272, 2013 General Session