Thousands of campfires are ablaze every night in Utah thanks to the season of s’mores, scary stories, and late-night chats under the stars. Camping trips and backyard parties around the fire pit are a blast, but can also be where some of the most devastating fires start.
Watching a roaring fire slowly turn into coals is one of the comforts of summer; however, that harmless fire can turn disastrous in a hurry. The minute your contained fire sends nearby vegetation up in flames, you can get in trouble with the law.
Under Utah law, arson is when you intentionally damage the property of another person using either fire or explosives.
Arson is considered property destruction. Like any other crimes of this type, the severity of charges depends partly on the monetary value of the damage. In this case, there’s also another factor — whether or not someone else got hurt in the process.
If you were convicted of arson before, and you commit it again within 10 years, that second offense is usually bumped up. For example, if you caused between $1,500 and $5,000 on the second offense, it is a second — instead of third — degree felony.
One of the key differences between first and second degree felony is the language of substantial bodily injury vs. serious bodily injury. These are actually legal distinctions that Utah law defines.
With serious bodily injury, the person is disfigured or impaired permanently. It can also mean that the injury is life threatening.
Substantial bodily injury is temporary. The injury can be very painful for a long time, but overall, any kind of impairment or disfigurement won’t last forever.
If you ever set fire to a house, chances are you aren’t going to get charged with arson. Instead, you’ll likely get charged with aggravated arson.
Under Utah law, this is when you intentionally use fire or explosives to cause damage to a habitable structure, such as a house or trailer. It can also be when someone is inside a structure or vehicle, and you set fire to it.
Aggravated arson is a first-degree felony, which means five years to life in prison and a fine of up to $10,000.
Normally, if you want to destroy your own property, you have the right to do so, assuming it’s not a habitable structure. Other people may not understand why you would want to, but that’s no one else’s business.
However, there is one instance in which you can be charged with second-degree felony arson for burning down your own property, and that is when you do it with the intention of defrauding an insurance company.
For example, let’s say you own a tool shed. It’s a nice shed that cost a lot of money, and you happen to have an insurance policy on it. Right now, you’re not using it, and you decide that what you’ll do is burn it down, make it look like an accident, and then claim the insurance money.
This is a bad idea. If you’re caught, you’ll likely be charged with second-degree felony arson. On top of that you might also receive felony insurance fraud. When you have charges stacked on top of each other, that can mean more prison time if you’re convicted.
Let’s say you have a fire in your backyard. You put it out as much as you think you should, but it’s not enough. The fire somehow starts back up and spreads to your home.
This scenario would be considered reckless burning. This crime comes with a range of misdemeanor charges depending on the situation.
If you start a forest fire, you would be charged with causing a catastrophe. If you were found to be reckless in your actions, that is a class A misdemeanor. However, in this case, the civil penalties you’ll face are arguably worse than the criminal ones.
There is a law in Utah called liability for causing wildland fires. In it, anyone who starts a wildfire — whether it was intentional or not — is liable for the cost to put it out. On top of that, property owners can recover the costs of any damage the wildfire caused to their property.
It’s no exaggeration to say that causing a wildfire can cost you millions of dollars.
If you’re charged with arson — or any other crimes we discussed in this blog post — the best thing you can do is get yourself a lawyer. You should do this before you ever talk to the police about what happened. They are there to gather evidence, and anything you say to them can be used against you. This might include information that you think is benign.
Because arson is a felony, you’ll want someone who specializes in that type of crime. You’ll find that with Michael T. Holje, Staci Visser, and Ann Marie Taliaferro. These attorneys are all based in Salt Lake City, and they all have a ton of experience. They’d love to help you out.
Call (801) 532-5297 for a free consultation.
