(1) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section. (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: (a) any property with intention of defrauding an insurer; or (b) the property of another. (3) (a) A violation of Subsection (2)(a) is a second degree felony. (b) A violation of Subsection (2)(b) is a second degree felony if: (i) the damage caused is or exceeds $5,000 in value; (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 ; (iii) (A) the damage caused is or exceeds $1,500 but is less than $5,000 in value; and (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) . (c) A violation of Subsection (2)(b) is a third degree felony if: (i) the damage caused is or exceeds $1,500 but is less than $5,000 in value; (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 ; (iii) the fire or explosion endangers human life; or (iv) (A) the damage caused is or exceeds $500 but is less than $1,500 in value; and (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) . (d) A violation of Subsection (2)(b) is a class A misdemeanor if the damage caused: (i) is or exceeds $500 but is less than $1,500 in value; or (ii) (A) is less than $500; and (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) . (e) A violation of Subsection (2)(b) is a class B misdemeanor if the damage caused is less than $500.
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