Current through the 2024 Fourth Special Session
(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.Amended by Chapter 111, 2023 General Session ,§ 24, eff. 5/3/2023.Amended by Chapter 181, 2022 General Session ,§ 108, eff. 5/4/2022.Amended by Chapter 272, 2013 General Session ,§ 1, eff. 5/14/2013.Amended by Chapter 193, 2010 General Session