1. (1) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.

2. (2) An actor commits arson if, under circumstances not amounting to aggravated arson, the person by means of fire or explosives unlawfully and intentionally damages:

   1. (a) any property with intention of defrauding an insurer; or
   2. (b) the property of another.

3. (3)

   1. (a) A violation of Subsection (2)(a) is a second degree felony.

   2. (b) A violation of Subsection (2)(b) is a second degree felony if:

      1. (i) the damage caused is or exceeds $5,000 in value;
      2. (ii) as a proximate result of the fire or explosion, any person not a participant in the offense suffers serious bodily injury as defined in Section 76-1-101.5;

      3. (iii)

         1. (A) the damage caused is or exceeds $1,500 but is less than $5,000 in value; and
         2. (B) at the time of the offense the actor has been previously convicted of a violation of this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the commission of the violation of Subsection (2)(b).

   3. (c) A violation of Subsection (2)(b) is a third degree felony if:

      1. (i) the damage caused is or exceeds $1,500 but is less than $5,000 in value;
      2. (ii) as a proximate result of the fire or explosion, any person not a participant in the offense suffers substantial bodily injury as defined in Section 76-1-101.5;
      3. (iii) the fire or explosion endangers human life; or

      4. (iv)

         1. (A) the damage caused is or exceeds $500 but is less than $1,500 in value; and
         2. (B) at the time of the offense the actor has been previously convicted of a violation of this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the commission of the violation of Subsection (2)(b).

   4. (d) A violation of Subsection (2)(b) is a class A misdemeanor if the damage caused:

      1. (i) is or exceeds $500 but is less than $1,500 in value; or

      2. (ii)

         1. (A) is less than $500; and
         2. (B) at the time of the offense the actor has been previously convicted of a violation of this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the commission of the violation of Subsection (2)(b).
   5. (e) A violation of Subsection (2)(b) is a class B misdemeanor if the damage caused is less than $500.

Amended by Chapter 111, 2023 General Session