76-6-104.5 - Abandoned fire -- Penalties. - Utah Statutes

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Statutes > Utah > Title-76 > Chapter-06 > 76-6-104-5

76-6-104.5. Abandoned fire -- Penalties.
(1) A person is guilty of abandoning a fire if, under circumstances not amounting to theoffense of arson, aggravated arson, or causing a catastrophe under Title 76, Chapter 6, Part 1,Property Destruction, the person leaves a fire:
(a) without first completely extinguishing it; and
(b) with the intent to not return to the fire.
(2) A person does not commit a violation of Subsection (1) if the person leaves a fire toreport an uncontrolled fire.
(3) A violation of Subsection (1):
(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) If a violation of Subsection (1) involves a wildland fire, the violator is also liable forsuppression costs under Section 65A-3-4.
(5) A fire spreading or reigniting is prima facie evidence that the person did notcompletely extinguish the fire as required by Subsection (1)(a).

Amended by Chapter 320, 2009 General Session

State Codes and Statutes

Statutes > Utah > Title-76 > Chapter-06 > 76-6-104-5

76-6-104.5. Abandoned fire -- Penalties.
(1) A person is guilty of abandoning a fire if, under circumstances not amounting to theoffense of arson, aggravated arson, or causing a catastrophe under Title 76, Chapter 6, Part 1,Property Destruction, the person leaves a fire:
(a) without first completely extinguishing it; and
(b) with the intent to not return to the fire.
(2) A person does not commit a violation of Subsection (1) if the person leaves a fire toreport an uncontrolled fire.
(3) A violation of Subsection (1):
(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) If a violation of Subsection (1) involves a wildland fire, the violator is also liable forsuppression costs under Section 65A-3-4.
(5) A fire spreading or reigniting is prima facie evidence that the person did notcompletely extinguish the fire as required by Subsection (1)(a).

Amended by Chapter 320, 2009 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-76 > Chapter-06 > 76-6-104-5

76-6-104.5. Abandoned fire -- Penalties.
(1) A person is guilty of abandoning a fire if, under circumstances not amounting to theoffense of arson, aggravated arson, or causing a catastrophe under Title 76, Chapter 6, Part 1,Property Destruction, the person leaves a fire:
(a) without first completely extinguishing it; and
(b) with the intent to not return to the fire.
(2) A person does not commit a violation of Subsection (1) if the person leaves a fire toreport an uncontrolled fire.
(3) A violation of Subsection (1):
(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) If a violation of Subsection (1) involves a wildland fire, the violator is also liable forsuppression costs under Section 65A-3-4.
(5) A fire spreading or reigniting is prima facie evidence that the person did notcompletely extinguish the fire as required by Subsection (1)(a).

Amended by Chapter 320, 2009 General Session