S.B. 38

1

ARSON OFFENSE AMENDMENTS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Patrice M. Arent
5
6 LONG TITLE
7 General Description:
8 This bill amends the offense of arson to include injury to a person as an element of the
9 offense.
10 Highlighted Provisions:
11 This bill:
12 . currently measures the degree of an arson offense by the value of property damage
13 caused;
14 . provides that an arson offense can be based on serious bodily injury or
15 endangerment of human life that is caused by the fire or explosion; and
16 . clarifies that the injury or endangerment must involve a person who is not a
17 participant in the offense.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 76-6-102, as last amended by Chapter 291, Laws of Utah 1995
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 76-6-102 is amended to read:

28 76-6-102. Arson.
29 (1) A person is guilty of arson if under circumstances not amounting to aggravated
30 arson, by means of fire or explosives, the person unlawfully and intentionally damages:
31 (a) any property with intention of defrauding an insurer; or
32 (b) the property of another.
33 (2) A violation of Subsection (1)(a) is a second degree felony.
34 (3) A violation of Subsection (1)(b) is:
35 (a) a second degree felony if:
36 (i) the damage caused is or exceeds $5,000 in value; or
37 (ii) as a result of the fire or explosion, any person not a participant in the offense
38 suffers serious bodily injury as defined in Section 76-1-601 ;
39 (b) a third degree felony if:
40 (i) the damage caused is or exceeds $1,000 but is less than $5,000 in value;
41 (ii) as a result of the fire or explosion, any person not a participant in the offense
42 suffers substantial bodily injury as defined in Section 76-1-601 ; or
43 (iii) the fire or explosion endangers human life;
44 (c) a class A misdemeanor if the damage caused is or exceeds $300 but is less than
45 $1,000 in value; and
46 (d) a class B misdemeanor if the damage caused is less than $300.




Legislative Review Note
as of 12-19-03 3:55 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel