76-6-104.5. Abandoned fire -- Penalties.
(1) A person is guilty of abandoning a fire if, under circumstances not amounting to the
offense of arson, aggravated arson, or causing a catastrophe under Title 76, Chapter 6, Part 1,
Offenses Against Property, he leaves a fire:
(a) without first completely extinguishing it; and
(b) with the intent to not return to the fire.
(2) A person does not commit a violation of Subsection (1) or (2) if he leaves a fire to
report an uncontrolled fire.
(3) A violation of Subsection (1):
(a) is a class C misdemeanor if the property damage is or exceeds $150 but is less than
$300 in value;
(b) is a class B misdemeanor if property damage is or exceeds $300 but is less than
$1,000 in value; and
(c) is a class A misdemeanor if property damage is or exceeds $1,000 in value.
(4) If a violation of Subsection (3) involves a wildland fire, the violator is also liable for
suppression costs under Section 65A-3-4.
Enacted by Chapter 71, 1998 General Session
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Last revised: Wednesday, July 23, 2008