Arson charges in Utah can be filed when a fire or explosion is intentionally and unlawfully created that damages to property or structures. Penalties can include substantial prison and fines. Having the right defense attorney can make a real difference.
Categories and Levels of an Arson Charge
Arson, as defined under Utah 76-6-102, includes two main categories:
- damage to property, done with the intent to defraud an insurer; and
- damage to property belonging to another.
A conviction for arson can range in severity from the class B misdemeanor level up to a second degree felony. A charge of aggravated arson can result in a first degree felony conviction with potential life in prison. The difference between potential charging levels for arson is based on several factors.
Aggravated Arson
Arson becomes aggravated arson if the fire or explosion causes damage to a “habitable structure” (home, apartment, mobile home, etc.) or to any vehicle or structure (regardless of habitability) if there is any person (other than the person accused of arson) actually present in the structure or vehicle.
Arson with the Intent to Defraud an Insurer
If the burning is done with the intent to defraud an insurance company, section 102(3)(a) establishes arson as a second degree felony regardless of the value of the property damage. Arson with the intent to defraud can also be committed when a person causes damage to their own property.
Arson with Injuries
If, as a result of the fire or explosion, an person (other than the person committing the act of arson) is injured, the charge can be filed as a felony: second-degree felony if the injury is serious; or third degree felony if the injury qualifies only as “substantial.”
Endangering Human Life
If the fire or explosion “endangers human life” – even without any actual injury – arson at the third-degree felony level can be charged.
Levels Based on Value
The level of most other arson charges will be based on the value of the damage caused by the fire or explosion:
- less than $500 = class B misdemeanor;
- at least $500 but less than $1,500 = class A misdemeanor;
- at least $1,500 but less than $5,000 = third degree felony;\
- $5,000 or more = second degree felony.
Except for arson that is already a second degree felony, each of these value-based level determinations can be increased by one level if, at the time the offense is committed, the person has been previously convicted of arson within the previous 10 years.