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Property Crimes: Causing a Catastrophe


Causing a Catastrophe: Property Crimes

Causing a Catastrophe Attorneys

Legal Definition:

Causing a catastrophe is a crime in which a person intentionally and knowingly causes widespread damage to persons and property through the use of a bomb, fire, flood, or weapon of mass destruction.

Causing a Catastrophe

Utah Code §76-6-105

Degree

Depending on the facts, causing a catastrophe can be charged as a 1st degree felony, 2nd degree felony or class A misdemeanor.

Elements

A defendant commits a 1st degree felony causing a catastrophe when they cause widespread injury or damage to persons or property by:

  • use of a weapon of mass destruction;
  • or explosion, fire, flood, avalanche, collapse of a building, or other harmful or destructive force or substance that is not a weapon of mass destruction;
  • and the defendant causes the catastrophe knowingly and by use of a weapon of mass destruction.

A defendant commits a 2nd degree felony causing a catastrophe when they cause widespread injury or damage to persons or property by:

  • use of a weapon of mass destruction;
  • or explosion, fire, flood, avalanche, collapse of a building, or other harmful or destructive force or substance that is not a weapon of mass destruction;
  • and the defendant causes the catastrophe knowingly and by a means other than a weapon of mass destruction.

A defendant commits a class A misdemeanor causing a catastrophe when they recklessly cause widespread injury or damage to persons or property by:

  • use of a weapon of mass destruction;
  • or explosion, fire, flood, avalanche, collapse of a building, or other harmful or destructive force or substance that is not a weapon of mass destruction;
Fine

1st 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)
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)
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)

Restitution

The court may order a defendant convicted of this crime to pay restitution. Additionally, a court shall order defendant to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses incurred in responding to the violation, unless the court states on the record the reasons why the reimbursement would be inappropriate.
(Utah Code Ann. §77-38a-301)

Imprisonment

1st degree felony: A term of imprisonment not less than 5 years and which may be for life.
(Utah Code Ann. §76-3-203(1))
2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))
Class A misdemeanor: A term in jail not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))

DNA Specimen Analysis

A defendant convicted of a class A misdemeanor, 2nd degree felony, or 1st degree felony causing a catastrophe must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of 1st or 2nd degree felony causing a catastrophe 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 causing a catastrophe. If you have any questions, please feel free to call our office at (801) 505-1586.

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