S.B. 38 Enrolled

ARSON OFFENSE AMENDMENTS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Patrice M. Arent

LONG TITLE
General Description:
This bill amends the offense of arson to include injury to a person as an element of the
offense.
Highlighted Provisions:
This bill:
. currently measures the degree of an arson offense by the value of property damage
caused;
. provides that an arson offense can be based on serious bodily injury or endangerment
of human life that is proximately caused by the fire or explosion; and
. clarifies that the injury or endangerment must involve a person who is not a
participant in the offense.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-6-102, as last amended by Chapter 291, Laws of Utah 1995

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-6-102 is amended to read:
76-6-102. Arson.
(1) A person is guilty of arson if under circumstances not amounting to aggravated

arson, by means of fire or explosives, the person 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) a second degree felony if:
(i) the damage caused is or exceeds $5,000 in value; or
(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 76-1-601 ;
(b) a third degree felony if:
(i) the damage caused is or exceeds $1,000 but is less than $5,000 in value;
(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 76-1-601 ; or
(iii) the fire or explosion endangers human life;
(c) a class A misdemeanor if the damage caused is or exceeds $300 but is less than $1,000
in value; and
(d) a class B misdemeanor if the damage caused is less than $300.

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