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Utah Criminal Code | |
Offenses Against Property | |
Section 104.5 | Abandoned fire -- Penalties. |
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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, Property Destruction, the person 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) if the person leaves a fire to report an uncontrolled fire. (3) A violation of Subsection (1): (a) is a class C misdemeanor if there is no property damage; (b) is a class B misdemeanor if property damage 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 (1) involves a wildland fire, the violator is also liable for suppression costs under Section 65A-3-4. (5) A fire spreading or reigniting is prima facie evidence that the person did not completely extinguish the fire as required by Subsection (1)(a).
Amended by Chapter 320, 2009 General Session |
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