76-6-104.5 - Abandoned fire -- Penalties.
76-6-104.5. Abandoned fire -- Penalties.
(1) A person is guilty of abandoning a fire if, under circumstances not amounting to theoffense of arson, aggravated arson, or causing a catastrophe under Title 76, Chapter 6, Part 1,Property Destruction, the person leaves a fire:
(a) without first completely extinguishing it; and
(b) with the intent to not return to the fire.
(2) A person does not commit a violation of Subsection (1) if the person leaves a fire toreport an uncontrolled fire.
(3) A violation of Subsection (1):
(a) is a class C misdemeanor if there is no property damage;
(b) is a class B misdemeanor if property damage is less than $1,000 in value; and
(c) is a class A misdemeanor if property damage is or exceeds $1,000 in value.
(4) If a violation of Subsection (1) involves a wildland fire, the violator is also liable forsuppression costs under Section 65A-3-4.
(5) A fire spreading or reigniting is prima facie evidence that the person did notcompletely extinguish the fire as required by Subsection (1)(a).
Amended by Chapter 320, 2009 General Session