Abandonment of a fire -- Penalties. (1) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section. (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: (a) without first completely extinguishing it; and (b) with the intent to not return to the fire. (3) A violation of Subsection (2) : (a) is a class C misdemeanor if there is no property damage; (b) is a class B misdemeanor if property damage is less than $1,000 in value; and (c) is a class A misdemeanor if property damage is or exceeds $1,000 in value. (4) An actor does not commit a violation of Subsection (2) if the actor leaves a fire to report an uncontrolled fire. (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) A fire spreading or reigniting is prima facie evidence that the actor did not completely extinguish the fire as required by Subsection (2)(a) .
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