Degree

Depending on the facts, abandoned fire can be charged as a class A misdemeanor, class B misdemeanor or a class C misdemeanor.

Elements

A defendant is guilty of a class A misdemeanor abandoned fire when under circumstances not amounting to the offense of arson, aggravated arson, or causing a catastrophe, the defendant leaves a fire:

• without first completely extinguishing it;
• with the intent to not return to the fire;
• and the property damage is or exceeds $1,000.

A defendant is guilty of a class B misdemeanor abandoned fire when under circumstances not amounting to the offense of arson, aggravated arson, or causing a catastrophe, the defendant leaves a fire:

• without first completely extinguishing it;
• with the intent to not return to the fire;
• and the property damage is less than $1,000 in value.

A defendant is guilty of a class C misdemeanor abandoned fire when under circumstances not amounting to the offense of arson, aggravated arson, or causing a catastrophe, the defendant leaves a fire:

• without first completely extinguishing it
• with the intent to not return to the fire;
• and there is not property damage.

Fine

Class A misdemeanor: A fine not to exceed $2,500, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(c), Utah Code Ann. §51-9-401)
Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), Utah Code Ann. §51-9-401)
Class C misdemeanor: A fine not to exceed $750, plus a 35% surcharge.
(Utah Code Ann. §76-3-301(1)(e), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Suppression Costs

If the abandoned fire involves a wildland fire, the defendant is also liable for costs associated with suppressing the fire.
(Utah Code Ann. §65A-3-4)

Imprisonment

Class A misdemeanor: A term in jail not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))
Class B misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))
Class C misdemeanor: A term in jail not to exceed 90 days.
(Utah Code Ann. §76-3-204(3))

DNA Specimen Analysis

A defendant convicted of a class A misdemeanor abandoned fire must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))