76-6-105.  Causing a catastrophe — Penalties.

(1)  Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
first degree felony5 years to lifeup to $10,000
class A misdemeanorup to 364 daysup to $2,500
For details, see Utah Code § 76-3-203 and Utah Code § 76-3-204

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Terms Used In Utah Code 76-6-105

  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
  • Fire: means a flame, heat source capable of combustion, or material capable of combustion that is caused, set, or maintained by a person for any purpose. See Utah Code 76-6-101
  • Property: means :
    (i) any form of real property or tangible personal property which is capable of being damaged or destroyed and includes a habitable structure; and
    (ii) the property of another, if anyone other than the actor has a possessory or proprietary interest in any portion of the property. See Utah Code 76-6-101
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (2)  An actor commits causing a catastrophe if the actor causes widespread injury or damage to persons or property by:

    (a)  use of a weapon of mass destruction as defined in Section 76-10-401; or

    (b)  explosion, fire, flood, avalanche, collapse of a building, or other harmful or destructive force or substance that is not a weapon of mass destruction.

    (3)  A violation of Subsection (2) is:

    (a)  a first degree felony if the actor causes the catastrophe knowingly and by the use of a weapon of mass destruction;

    (b)  a second degree felony if the actor causes the catastrophe knowingly and by a means other than a weapon of mass destruction; and

    (c)  a class A misdemeanor if the actor causes the catastrophe recklessly.

    (4)  In addition to any other penalty authorized by law, a court shall order an actor convicted of any violation of this section 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.

    Amended by Chapter 111, 2023 General Session