Degree

Depending on the facts, reckless burning (domestic violence) can be charged as a class A misdemeanor, class B misdemeanor, class C misdemeanor or infraction.

Elements

The accused commits a class A misdemeanor reckless burning (domestic violence) when they:

• recklessly start a fire or cause an explosion which endangers human life;
• or having started a fire, whether recklessly or not, and knowing that it is spreading and will endanger the life or property of another, either fail to take reasonable measures to put out or control the fire or fail to give a prompt fire alarm.

A defendant commits a class A misdemeanor reckless burning (domestic violence) when they damage the property of another by reckless use of fire or cause an explosion that causes damage to the property that is or exceeds $1,5000 in value.

The accused commits a class B misdemeanor reckless burning (domestic violence) when they build or maintain a fire without taking reasonable steps to remove all flammable materials surrounding the site of the fire as necessary to prevent the fire's spread or escape.

A defendant commits a class B misdemeanor reckless burning (domestic violence) when they damage the property of another by reckless use of fire or cause an explosion that causes damage to the property that is or exceeds $500 but is less than $1,500 in value.

A defendant commits a class C misdemeanor reckless burning (domestic violence) when they build or maintain a fire without taking reasonable steps to remove all flammable materials surrounding the site of the fire as necessary to prevent the fire's spread or escape.

A defendant commits a class C misdemeanor reckless burning (domestic violence) when they damage the property of another by reckless use of fire or cause an explosion that causes damage to the property that is or exceeds $150 but is less than $500 in value.

The accused commits an infraction reckless burning (domestic violence) when they damage the property of another by reckless use of fire or cause an explosion that causes damage to the property that is less than $150 in value.

Fine

Class A misdemeanor: A fine not to exceed $2,500, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(c), Utah Code Ann. §51-9-401)
Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), Utah Code Ann. §51-9-401)
Class C misdemeanor: A fine not to exceed $750, plus a 35% surcharge.
(Utah Code Ann. §76-3-301(1)(e), Utah Code Ann. §51-9-401)
Infraction: A fine not to exceed $750, plus a 35% surcharge.
(Utah Code Ann. §76-3-301(1)(e), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

Class A misdemeanor: A term in jail not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))
Class B misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))
Class C misdemeanor: A term in jail not to exceed 90 days.
(Utah Code Ann. §76-3-204(3))
Infraction: No jail.
(Utah Code Ann. §76-3-205)

Bail

Because of the unique and highly emotional nature of domestic violence crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of continued acts of violence subsequent to the release of an offender who has been arrested for domestic violence, it was the finding of the Utah Legislature that domestic violence crimes, are crimes for which bail may be denied if there is substantial evidence to support the charge, and if the court finds by clear and convincing evidence that he alleged perpetrator would constitute a substantial danger to an alleged victim of domestic violence if released on bail.
(Utah Code Ann. §76-6-2.5(12))

Addition Sentence for Domestic Violence

In addition to penalties otherwise provided by law, the court may:

• Order defendant to participate in an electronic or other type of monitoring program; and/or
• Order defendant to pay all or part of the costs of counseling incurred by the victim and any children affected by or exposed to the domestic violence offense;

The court will:

• Order cost of any services or treatment provided to the victim and affected children of the victim; and
• Order the defendant to obtain and satisfactorily complete treatment or therapy in a domestic violence treatment program, that is licensed by Utah’s Department of Human Services, unless the court finds that there is no licensed program reasonably available or that the treatment or therapy is not necessary.
  (Utah Code Ann. §77-36-5(3)(4) and (5))

DNA Specimen Analysis

A defendant convicted of a class A misdemeanor reckless burning (domestic violence) must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of reckless burning (domestic violence) may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))