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39-14-301. Arson.
(a) A person commits an offense who knowingly damages any structure by means of a fire or explosion:
(1) Without the consent of all persons who have a possessory, proprietary or security interest therein; or
(2) With intent to destroy or damage any structure to collect insurance for the damage or destruction or for any unlawful purpose.
(b) (1) Arson is a Class C felony.
(2) (A) Arson of a place of worship is a Class B felony.
(B) As used in this subdivision (b)(2), place of worship means any structure that is:
(i) Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to 67-5-212, based on ownership and use of the structure by a religious institution; and
(ii) Utilized on a regular basis by such religious institution as the site of congregational services, rites or activities communally undertaken for the purpose of worship.
[Acts 1989, ch. 591, 1; 1991, ch. 19, 1; 1997, ch. 284, 1.]
(a) A person commits an offense who knowingly damages any structure by means of a fire or explosion:
(1) Without the consent of all persons who have a possessory, proprietary or security interest therein; or
(2) With intent to destroy or damage any structure to collect insurance for the damage or destruction or for any unlawful purpose.
(b) (1) Arson is a Class C felony.
(2) (A) Arson of a place of worship is a Class B felony.
(B) As used in this subdivision (b)(2), place of worship means any structure that is:
(i) Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to 67-5-212, based on ownership and use of the structure by a religious institution; and
(ii) Utilized on a regular basis by such religious institution as the site of congregational services, rites or activities communally undertaken for the purpose of worship.
[Acts 1989, ch. 591, 1; 1991, ch. 19, 1; 1997, ch. 284, 1.]
Moderator, Argentina and FlyerTalk Evangelist
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39-14-302. Aggravated arson.
(a) A person commits aggravated arson who commits arson as defined in 39-14-301 or 39-14-303:
(1) When one (1) or more persons are present therein; or
(2) When any person, including firefighters and law enforcement officials, suffers serious bodily injury as a result of the fire or explosion.
(b) Aggravated arson is a Class A felony.
[Acts 1989, ch. 591, 1; 1997, ch. 284, 2; 2005, ch. 353, 15.]
(a) A person commits aggravated arson who commits arson as defined in 39-14-301 or 39-14-303:
(1) When one (1) or more persons are present therein; or
(2) When any person, including firefighters and law enforcement officials, suffers serious bodily injury as a result of the fire or explosion.
(b) Aggravated arson is a Class A felony.
[Acts 1989, ch. 591, 1; 1997, ch. 284, 2; 2005, ch. 353, 15.]
Moderator, Argentina and FlyerTalk Evangelist
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39-14-303. Setting fire to personal property or land.
(a) A person commits arson who knowingly damages any personal property, land, or other property, except buildings or structures covered under 39-14-301, by means of a fire or explosion:
(1) Without the consent of all persons who have a possessory or proprietary interest therein; or
(2) With intent to destroy or damage any such property for any unlawful purpose.
(b) A violation of this section is a Class E felony.
[Acts 1989, ch. 591, 1.]
(a) A person commits arson who knowingly damages any personal property, land, or other property, except buildings or structures covered under 39-14-301, by means of a fire or explosion:
(1) Without the consent of all persons who have a possessory or proprietary interest therein; or
(2) With intent to destroy or damage any such property for any unlawful purpose.
(b) A violation of this section is a Class E felony.
[Acts 1989, ch. 591, 1.]
Moderator, Argentina and FlyerTalk Evangelist
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39-14-304. Reckless burning.
(a) A person commits reckless burning who:
(1) Recklessly starts a fire on the land, building, structure or personal property of another;
(2) Starts a fire on the person's own land, building, structure or personal property and recklessly allows the fire to escape and burn the property of another; or
(3) Knowingly starts an open air or unconfined fire in violation of a burning ban as provided in 39-14-306(b).
(b) Reckless burning is a Class A misdemeanor.
[Acts 1989, ch. 591, 1; 1991, ch. 46, 1; 2008, ch. 786, 1.]
(a) A person commits reckless burning who:
(1) Recklessly starts a fire on the land, building, structure or personal property of another;
(2) Starts a fire on the person's own land, building, structure or personal property and recklessly allows the fire to escape and burn the property of another; or
(3) Knowingly starts an open air or unconfined fire in violation of a burning ban as provided in 39-14-306(b).
(b) Reckless burning is a Class A misdemeanor.
[Acts 1989, ch. 591, 1; 1991, ch. 46, 1; 2008, ch. 786, 1.]
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39-14-305. Leaving fire near woodland unattended.
(a) It is unlawful for any person who originates or uses an open fire to leave that fire unattended without totally extinguishing the same within one hundred fifty feet (150) of forest or woodlands or within one hundred fifty feet (150) of other inflammable material, the setting fire to which inflammable material would naturally and proximately result in the fire being conveyed to forest or woodlands.
(b) A violation of this section is a Class B misdemeanor.
[Acts 1989, ch. 591, 1.]
(a) It is unlawful for any person who originates or uses an open fire to leave that fire unattended without totally extinguishing the same within one hundred fifty feet (150) of forest or woodlands or within one hundred fifty feet (150) of other inflammable material, the setting fire to which inflammable material would naturally and proximately result in the fire being conveyed to forest or woodlands.
(b) A violation of this section is a Class B misdemeanor.
[Acts 1989, ch. 591, 1.]
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39-14-306. Setting fires at certain times without permit.
(a) (1) It is unlawful for any person to start an open-air fire between October 15 and May 15, inclusive, within five hundred feet (500) of any forest, grasslands or woodlands without first securing a permit from the state forester or the state forester's duly authorized representative. Depending upon the potential for hazardous burning conditions, the state forester may prescribe a period other than October 15 to May 15 within which a permit must be obtained prior to starting an open-air fire.
(2) A violation of this subsection (a) is a Class C misdemeanor.
(b) (1) In extreme fire hazard conditions, the commissioner of agriculture, in consultation with the state forester and the county mayors of impacted counties, may issue a burning ban prohibiting all open air fire in any area of the state.
(2) A violation of this subsection (b) is reckless burning and punishable as a Class A misdemeanor as provided in 39-14-304.
(c) This section shall not apply to fires that may be set within the corporate limits of any incorporated town or city that has passed ordinances controlling the setting of fires.
[Acts 1989, ch. 591, 1; 1991, ch. 46, 2; 1999, ch. 209, 1; 2008, ch. 786, 2.]
(a) (1) It is unlawful for any person to start an open-air fire between October 15 and May 15, inclusive, within five hundred feet (500) of any forest, grasslands or woodlands without first securing a permit from the state forester or the state forester's duly authorized representative. Depending upon the potential for hazardous burning conditions, the state forester may prescribe a period other than October 15 to May 15 within which a permit must be obtained prior to starting an open-air fire.
(2) A violation of this subsection (a) is a Class C misdemeanor.
(b) (1) In extreme fire hazard conditions, the commissioner of agriculture, in consultation with the state forester and the county mayors of impacted counties, may issue a burning ban prohibiting all open air fire in any area of the state.
(2) A violation of this subsection (b) is reckless burning and punishable as a Class A misdemeanor as provided in 39-14-304.
(c) This section shall not apply to fires that may be set within the corporate limits of any incorporated town or city that has passed ordinances controlling the setting of fires.
[Acts 1989, ch. 591, 1; 1991, ch. 46, 2; 1999, ch. 209, 1; 2008, ch. 786, 2.]
Moderator, Argentina and FlyerTalk Evangelist
Join Date: Aug 2000
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Moderator, Argentina and FlyerTalk Evangelist
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