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Reckless Burning Under Utah Criminal Statute 76-6-104(1)(B)

The state’s jury instructions for the criminal offense of reckless burning provides for the following elements, which must each be proven beyond all reasonable doubt at trial:

  • The person charged with the offense committed the act;
  • The act started a fire;
  • The defendant knew that is was spreading and would endanger the life or property of another; and
  • The defendant did NOT do one of the following:
    • Give a prompt alarm;
    • Take reasonable measure to control or put out the fire.
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