76-6-104.5. Abandonment of a fire -- Penalties.
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/ut/title-76/chapter-6/76-6-104-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/3/2023
76-6-104.5. Abandonment of a fire -- Penalties.
(1)Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
(2)An actor commits abandonment of a fire if, under circumstances not amounting to the offense of arson, aggravated arson, or causing a catastrophe, the actor leaves a fire:
(a)without first completely extinguishing it; and
(b)with the intent to not return to the fire.
(3)A violation of Subsection
(2):
(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)An actor does not commit a violation of Subsection
(2)if the actor leaves a fire to report an uncontrolled fire.
(5)If a violation of Subsection
(2)involves a wildland fire, the actor is also liable for suppression costs under Section 65A-3-4 .
(6)A fire spreading or reigniting is prima facie evidence that the actor did not completely extinguish the fire as required by Subsection (2)(a) .
Amended by Chapter 111 , 2023 General Session