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The criminal offense of arson to the property of another can be charged as either a felony or misdemeanor depending on the surrounding circumstances, under Utah Code § 76-6-102(1)(b).

Under Utah law, the arson offense can be charged as a second degree felony if one of the following is alleged:

  • the fire caused damage in excess of $5,000; or
  • as a proximate result of the fire or explosion, any person not a participant in the offense suffers serious bodily injury.

Under Utah law, the arson offense can be charged as a third degree felony if one of the following is alleged:

  • the damage caused is or exceeds $1,500 but is less than $5,000 in value;
  • as a proximate result of the fire or explosion, any person not a participant in the offense suffers substantial bodily injury; or
  • the fire or explosion endangers human life.

Under Utah law, the arson offense can be charged as a class A misdemeanor if the damage caused is or exceeds $500 but is less than $1,500 in value. If the damage caused is valued at less than $500, then the charge of arson can be classified as a class B misdemeanor if the damage caused is less than $500.

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