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Utah Code Title 76. Utah Criminal Code § 76-6-102. Arson

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

(3)(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;

(iii)(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

(iv)(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

(ii)(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.

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Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-6-102. Arson - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-6-102/

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