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Utah Code Title 76. Utah Criminal Code § 76-6-104.5. Abandonment of a fire--Penalties

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 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).

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Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-6-104.5. Abandonment of a fire--Penalties - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-6-104-5/

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