Current through the 2024 Fourth Special Session
Section 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 ,§ 27, eff. 5/3/2023.Amended by Chapter 320, 2009 General Session.