§ 76-6-104.5. Abandoned fire -- Penalties.

(1) A person is guilty of abandoning a fire if, under circumstances not amounting to the offense 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 to report 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 for suppression costs under Section 65A-3-4.

(5) A fire spreading or reigniting is prima facie evidence that the person did not completely extinguish the fire as required by Subsection (1)(a).

Amended by Chapter 320, 2009 General Session