What Are the Penalties for Starting a Wildfire in Utah?

The penalties you may face for starting a wildfire in Utah depend on the circumstances surrounding the incident. If it was an accident, your punishment may not be as severe as it would if you started the wildfire on purpose. However, you can still face serious criminal penalties. Fortunately, if you have a good lawyer, you may be able to mitigate some of the harshest consequences.

Difference Between Criminal Negligence, Recklessly, Knowingly, and Intentionally in Utah

To understand the differences between the various charges you can face for starting a wildfire, it’s important to understand the difference between the various levels of culpability, which the State of Utah has defined:

  • Criminal negligence means you should have been aware that your actions come with a “substantial and unjustifiable risk” that the result may occur (i.e. injury, death, property damage, etc.).
  • Recklessly means you were aware that your actions risked the results that occurred, but you disregarded it.
  • Knowingly means you are aware that your actions are “reasonably certain to cause the result.”
  • Intentionally means you were conscious of the result, and you meant for it to happen.

Causing a Catastrophe in Utah

One of the charges you may face for starting a wildfire in Utah is causing a catastrophe. This is when you cause widespread injury or property damage using any kind of destructive force, such as a fire.

The type of charge you may face depends on your culpability and how you started the catastrophe:

  • If you do it knowingly, and you use a weapon of mass destruction, you may face a first-degree felony. This means possible prison time of five years to life and a fine of up to $10,000.
  • If you did it knowingly, but you didn’t use a weapon of mass destruction, it is a second-degree felony. This means possible prison time of one to 15 years and a fine of up to $10,000.
  • If you did it recklessly, that is a class A misdemeanor. This means up to 364 days in jail and up to $2,500 in fines.

Those penalties are a worst-case scenario. If you have a good lawyer helping you, your punishments may not be as harsh, even if you’re convicted of a felony.

Penalties for Arson in Utah

In Utah, arson is when you use fire or explosives to intentionally destroy someone else’s property. If you attempt to destroy your own property with the purpose of defrauding an insurer, that can also land you with an arson charge.

The severity of the charge depends on how much damage you caused.

  • Less than $500 in damage - class A misdemeanor.
  • Between $1,500 and $5,000 in damage - third-degree felony. This means up to five years in prison and $5,000 in fines.
  • $5,000 or more - second-degree felony.

Aggravated Arson Penalties in Utah

If you intentionally use fire or explosives to damage property, you can be charged with arson. However, there are a couple ways that the charge can be raised to aggravated arson, which is a first-degree felony, no matter how much damage you caused.

One of them is if the property is a habitable structure. This is defined as a structure that can be used for lodging, assembling people, or conducting business. In other words, it can be a house, but it can also be a store or an auditorium. If it’s intended to hold people, and you set it on fire, you can be charged with aggravated arson.

The other way is if it’s some other kind of structure or vehicle, and someone else is inside. For example, if someone is inside a shipping container on a freight train, and you set fire to it, that would land you with aggravated arson. Had no one been inside the container, it would be charged as arson.

Reckless Burning in Utah

Reckless burning is a crime that has several different scenarios, and the severity of the charges you can face completely depends on the situation.

Class A Misdemeanor Reckless Burning

If you recklessly start a fire or cause an explosion, and it endangers human life, you can be charged with a class A misdemeanor in Utah. In other words, you knew that there was a risk that this would happen, but you disregarded it. 

Here’s another scenario that can land you with this type of charge. You start a fire, and you may or may not have known the risk to life or property damage. However, now it’s spreading, you are aware that it can endanger someone else’s life or property. If you fail to take “reasonable measures” to extinguish the fire or alert anyone who may be in danger, this could land you with a class A misdemeanor. 

Class B Misdemeanor Reckless Burning

If you build a fire without taking any precaution to prevent its spread by removing flammable materials, you may be charged with a class B misdemeanor.

For example, you have a fire pit at a cabin in a forested area. It’s the end of the summer, and there are dried-up pine needles and sticks all around it. If they set fire, it will spread to trees and other structures. You don’t make sure they’re cleared out, you start the fire, and it spreads. This action — or lack thereof — can lead to a class B misdemeanor charge.

Property Damage Penalties for Reckless Burning

If your reckless burning leads to property damage, the penalty depends on the amount:

  • Class A misdemeanor: $1,500 in damage or more
  • Class B misdemeanor: between $500 and $1,500 in damage
  • Class C misdemeanor: between $150 and $500 in damage
  • Infraction: less than $150 in damage.

Liability for Causing Wildfires in Utah

Criminal penalties aren’t the only thing you have to worry about if you start a wildfire in Utah. The state also has a law called Liability for causing wildland fires, which requires the actor to pay the costs of suppressing the wildfire. 

Not only that, anyone who suffers property damage can also bring an action against you under that law to recover damages. This means you may have to pay however much it takes to restore the property to the condition it was before the fire.

Because Brown, Bradshaw & Moffat is a criminal defense firm we cannot assist with civil penalties. However, if this comes up during criminal proceedings, we can give you recommendations of good liability attorneys you can contact.

How to Prevent Penalties for Starting a Wildfire

If you’re like a lot of Utahns, you want to enjoy the great outdoors during the summer. Maybe that includes starting a fire at night, telling scary stories, and roasting marshmallows. These are perfectly innocent activities, but it’s important to do this safely. Here are some tips:

  1. Pay attention to fire restrictions: Before going on a camping trip, go on the Internet and look at this Utah Fire Info page about fire restrictions. It gives you real-time information about what fire-related activities are prohibited and where.
  2. Clear the area: If there are no restrictions, make sure you are starting the fire in an area clear of flammable objects like dried-up leaves or pine needles. 
  3. Bring supplies to suppress the fire: This includes things like fire extinguishers, fire blankets, and water. This will ensure you’re prepared if the fire escapes the area.
  4. Ensure the fire is completely put out: When you’re done using the fire, make sure it’s completely out before you do anything else. This might mean putting extra water over the area and stirring to make sure there aren’t exposed red areas. Sometimes the greatest fire danger could be when you think it’s over.

As long as you take the necessary precautions, you can have an enjoyable, and safe experience experiencing the beautiful Utah landscape.

Finding a Good Lawyer for Fire-Related Offenses

If you’re facing criminal penalties for starting a wildfire, it’s important to find a good lawyer. You want someone by your side who can help you navigate the legal process, and ensure that whatever happens, it’s the best outcome possible. 

The best lawyers are the ones who have a lot of experience with defending people like you. You’ll find that with all of the attorneys at Brown, Bradshaw & Moffat. Each of them has been practicing the law for years. They have learned all they need to help you with your case. 

Get the best legal defense from the best lawyers in Salt Lake City.

‍Tell us about your case, and a member of our staff will reach out to you.

Call us at (801) 532-5297 today.

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