First Substitute H.B. 102

Representative Larry B. Wiley proposes the following substitute bill:

1 ARSON PENALTIES AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Larry B. Wiley
5 Senate Sponsor: Gene Davis
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code regarding penalties for repeat arson offenses.
10 Highlighted Provisions:
11 This bill:
12 . increases the penalties for arson offenses by one degree for a second or subsequent
13 arson offense committed within 10 years after a prior arson conviction.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 76-6-102, as last amended by Laws of Utah 2010, Chapter 193
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 76-6-102 is amended to read:
24 76-6-102. Arson.
25 (1) A person is guilty of arson if, under circumstances not amounting to aggravated

26 arson, the person by means of fire or explosives unlawfully and intentionally damages:
27 (a) any property with intention of defrauding an insurer; or
28 (b) the property of another.
29 (2) A violation of Subsection (1)(a) is a second degree felony.
30 (3) A violation of Subsection (1)(b) is[: (a)] a second degree felony if:
31 [(i)] (a) the damage caused is or exceeds $5,000 in value; [or]
32 [(ii)] (b) as a proximate result of the fire or explosion, any person not a participant in
33 the offense suffers serious bodily injury as defined in Section 76-1-601 ;
34 (c) (i) the damage caused is or exceeds $1,500 but is less than $5,000 in value; and
35 (ii) at the time of the offense the actor has been previously convicted of a violation of
36 this section or Section 76-6-103 regarding aggravated arson within ten years prior to the
37 commission of the violation of Subsection (1)(b).
38 [(b)] (4) A violation of Subsection (1)(b) is a third degree felony if:
39 [(i)] (a) the damage caused is or exceeds $1,500 but is less than $5,000 in value;
40 [(ii)] (b) as a proximate result of the fire or explosion, any person not a participant in
41 the offense suffers substantial bodily injury as defined in Section 76-1-601 ; [or]
42 [(iii)] (c) the fire or explosion endangers human life; or
43 (d) (i) the damage caused is or exceeds $500 but is less than $1,500 in value; and
44 (ii) at the time of the offense the actor has been previously convicted of a violation of
45 this section or Section 76-6-103 regarding aggravated arson within ten years prior to the
46 commission of the violation of Subsection (1)(b).
47 [(c)] (5) A violation of Subsection (1)(b) is a class A misdemeanor if the damage
48 caused:
49 (a) is or exceeds $500 but is less than $1,500 in value; [and] or
50 (b) (i) is less than $500; and
51 (ii) at the time of the offense the actor has been previously convicted of a violation of
52 this section or Section 76-6-103 regarding aggravated arson within ten years prior to the
53 commission of the violation of Subsection (1)(b).
54 [(d)] (6) A violation of Subsection (1)(b) is a class B misdemeanor if the damage
55 caused is less than $500.

[Bill Documents]