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

2. (2) An actor commits abandonment of a fire if, under circumstances not amounting to the offense of arson, aggravated arson, or causing a catastrophe, the actor leaves a fire:

   1. (a) without first completely extinguishing it; and
   2. (b) with the intent to not return to the fire.

3. (3) A violation of Subsection (2):

   1. (a) is a class C misdemeanor if there is no property damage;
   2. (b) is a class B misdemeanor if property damage is less than $1,000 in value; and
   3. (c) is a class A misdemeanor if property damage is or exceeds $1,000 in value.
4. (4) An actor does not commit a violation of Subsection (2) if the actor leaves a fire to report an uncontrolled fire.
5. (5) If a violation of Subsection (2) involves a wildland fire, the actor is also liable for suppression costs under Section 65A-3-4.
6. (6) A fire spreading or reigniting is prima facie evidence that the actor did not completely extinguish the fire as required by Subsection (2)(a).

Amended by Chapter 111, 2023 General Session