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Property Crimes: Arson


Arson: Property Crimes

Arson Attorneys

Legal Definition:

Arson is the crime of intentionally and maliciously lighting structures, wildland areas, cars, or other property on fire.

Arson

Utah Code §76-6-102

Degree

Depending on the facts, arson can be charged as a 2nd degree felony, 3rd degree felony, class A misdemeanor or class B misdemeanor.

Elements

A defendant commits a 2nd degree felony arson when under circumstances not amounting to aggravated arson, the defendant by means of fire or explosives unlawfully and intentionally damages any property with the intention of defrauding an insurer.

A defendant also commits a 2nd degree felony arson when under circumstances not amounting to aggravated arson, the defendant by means of fire or explosives unlawfully and intentionally damages the property of another and the damage caused is or exceeds $5,000 in value; or as a proximate result of the fire or explosion, any person not a participant n the offense suffers serious bodily injury.

A defendant commits a 3rd degree felony arson when under circumstances not amounting to aggravated arson, the defendant by means of fire or explosives unlawfully and intentionally damages the property of another and the damage caused is or exceeds $1,500 but is less than $5,000 in value; as a proximate result of the fire or explosion, any person not a participant in the offense suffers substantial bodily injury; or the fire or explosion endangers human life.

A defendant commits a class A misdemeanor arson when under circumstances not amounting to aggravated arson, the defendant by means of fire or explosives unlawfully and intentionally damages the property of another and the damage caused is or exceeds $500 but is less than $1,500 in value.

A defendant commits a class B misdemeanor arson when under circumstances not amounting to aggravated arson, the defendant by means of fire or explosives unlawfully and intentionally damages the property of another and the damage caused is less than $500.

Fine

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 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)
3rd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(a)(b), Utah Code Ann. §51-9-401)
2nd degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), 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)

Imprisonment

Class B misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))
Class A misdemeanor: A term in jail not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))
3rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))
2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))

DNA Specimen Analysis

A defendant convicted of a class A misdemeanor, 2nd degree felony or 3rd degree felony arson must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of 2nd or 3rd degree felony arson may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))


Other Criminal Charges

Learn more about crimes related to Arson. If you have any questions, please feel free to call our office at (801) 505-1586.

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