Terms Used In Utah Code 76-6-104

• 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 Value: means : (i)  the market value of the property, if totally destroyed, at the time and place of the offense, or where cost of replacement exceeds the market value; or (ii)  where the market value cannot be ascertained, the cost of repairing or replacing the property within a reasonable time following the offense. See Utah Code 76-6-101 (2)  An actor commits reckless burning if the actor: (a)  recklessly starts a fire or causes an explosion which endangers human life; (b)  having started a fire, whether recklessly or not, and knowing that it is spreading and will endanger the life or property of another, either fails to take reasonable measures to put out or control the fire or fails to give a prompt fire alarm; (c)  builds or maintains a fire without taking reasonable steps to remove all flammable materials surrounding the site of the fire as necessary to prevent the fire’s spread or escape; or (d)  damages the property of another by reckless use of fire or causing an explosion. (3)  (a)  A violation of Subsection (2)(a) or (b) is a class A misdemeanor. (b)  A violation of Subsection (2)(c) is a class B misdemeanor. (c)  A violation of Subsection (2)(d) is: (i)  a class A misdemeanor if damage to property is or exceeds $1,500 in value; (ii)  a class B misdemeanor if the damage to property is or exceeds $500 but is less than $1,500 in value; and (iii)  a class C misdemeanor if the damage to property is or exceeds $150 but is less than $500 in value. (d)  Any other violation under Subsection (2)(d) is an infraction. Amended by Chapter 111, 2023 General Session   Previous section Next section    Part 1 Contents