Utah — 76-6-102. Arson.

Effective 5/3/2023

76-6-102. Arson.

(1)Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.

(2)An actor commits arson if, under circumstances not amounting to aggravated arson, the person by means of fire or explosives unlawfully and intentionally damages:

(a)any property with intention of defrauding an insurer; or

(b)the property of another.

(a)A violation of Subsection (2)(a) is a second degree felony.

(b)A violation of Subsection (2)(b) is a second degree felony if:

(i)the damage caused is or exceeds $5,000 in value;

(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 76-1-101.5 ;

(A)the damage caused is or exceeds $1,500 but is less than $5,000 in value; and

(B)at the time of the offense the actor has been previously convicted of a violation of this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the commission of the violation of Subsection (2)(b) .

(c)A violation of Subsection (2)(b) is a third degree felony if:

(i)the damage caused is or exceeds $1,500 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 76-1-101.5 ;

(iii)the fire or explosion endangers human life; or

(A)the damage caused is or exceeds $500 but is less than $1,500 in value; and

(B)at the time of the offense the actor has been previously convicted of a violation of this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the commission of the violation of Subsection (2)(b) .

(d)A violation of Subsection (2)(b) is a class A misdemeanor if the damage caused:

(i)is or exceeds $500 but is less than $1,500 in value; or

(A)is less than $500; and

(B)at the time of the offense the actor has been previously convicted of a violation of this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the commission of the violation of Subsection (2)(b) .

(e)A violation of Subsection (2)(b) is a class B misdemeanor if the damage caused is less than $500.

Amended by Chapter 111 , 2023 General Session