Utah criminal charge
Reckless burning in Utah
Current through 2026 Utah legislative session
Reckless burning is a criminal offense under Utah law, defined by Utah Code Ann. § 76-6-104. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-6-104.
What is the penalty for reckless burning in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | Reckless starting of fire or explosion endangering human life — Applies when the actor recklessly starts a fire or causes an explosion which endangers human life under Subsection (2)(a).; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Reckless starting of fire or explosion endangering human life — Applies when the actor recklessly starts a fire or causes an explosion which endangers human life under Subsection (2)(a).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | Failure to control spreading fire or give alarm — Applies when, having started a fire, the actor knowingly fails to take reasonable measures to control it or fails to give a prompt fire alarm under Subsection (2)(b).; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Failure to control spreading fire or give alarm — Applies when, having started a fire, the actor knowingly fails to take reasonable measures to control it or fails to give a prompt fire alarm under Subsection (2)(b).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | up to 6 months (Failure to remove flammable materials around fire — Applies when the actor builds or maintains a fire without taking reasonable steps to remove surrounding flammable materials under Subsection (2)(c).) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Failure to remove flammable materials around fire — Applies when the actor builds or maintains a fire without taking reasonable steps to remove surrounding flammable materials under Subsection (2)(c).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | Property damage by reckless fire/explosion ($1,500 or more) — Applies when reckless use of fire or explosion under Subsection (2)(d) causes property damage that is or exceeds $1,500 in value.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Property damage by reckless fire/explosion ($1,500 or more) — Applies when reckless use of fire or explosion under Subsection (2)(d) causes property damage that is or exceeds $1,500 in value.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | up to 6 months (Property damage by reckless fire/explosion ($500 to under $1,500) — Applies when reckless use of fire or explosion under Subsection (2)(d) causes property damage that is or exceeds $500 but is less than $1,500 in value.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Property damage by reckless fire/explosion ($500 to under $1,500) — Applies when reckless use of fire or explosion under Subsection (2)(d) causes property damage that is or exceeds $500 but is less than $1,500 in value.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | up to 90 days (Property damage by reckless fire/explosion ($150 to under $500) — Applies when reckless use of fire or explosion under Subsection (2)(d) causes property damage that is or exceeds $150 but is less than $500 in value.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $750 (Property damage by reckless fire/explosion ($150 to under $500) — Applies when reckless use of fire or explosion under Subsection (2)(d) causes property damage that is or exceeds $150 but is less than $500 in value.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $750 (Property damage by reckless fire/explosion (under $150) — Applies to any other violation under Subsection (2)(d) not meeting the dollar thresholds specified in Subsection (3)(c).; no imprisonment for an infraction (Utah Code Ann. § 76-3-205); fined as for a class C misdemeanor when no punishment is specified; the fine may be satisfied by compensatory service) | discretionary | Utah Code Ann. § 76-3-205 |
Applies to current (2026 General Session).
How is reckless burning classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Reckless starting of fire or explosion endangering human life | Class A Misdemeanor | Applies when the actor recklessly starts a fire or causes an explosion which endangers human life under Subsection (2)(a). | Utah Code Ann. § 76-6-104(3)(a) |
| Failure to control spreading fire or give alarm | Class A Misdemeanor | Applies when, having started a fire, the actor knowingly fails to take reasonable measures to control it or fails to give a prompt fire alarm under Subsection (2)(b). | Utah Code Ann. § 76-6-104(3)(a) |
| Failure to remove flammable materials around fire | Class B Misdemeanor | Applies when the actor builds or maintains a fire without taking reasonable steps to remove surrounding flammable materials under Subsection (2)(c). | Utah Code Ann. § 76-6-104(3)(b) |
| Property damage by reckless fire/explosion ($1,500 or more) | Class A Misdemeanor | Applies when reckless use of fire or explosion under Subsection (2)(d) causes property damage that is or exceeds $1,500 in value. | Utah Code Ann. § 76-6-104(3)(c)(i) |
| Property damage by reckless fire/explosion ($500 to under $1,500) | Class B Misdemeanor | Applies when reckless use of fire or explosion under Subsection (2)(d) causes property damage that is or exceeds $500 but is less than $1,500 in value. | Utah Code Ann. § 76-6-104(3)(c)(ii) |
| Property damage by reckless fire/explosion ($150 to under $500) | Class C Misdemeanor | Applies when reckless use of fire or explosion under Subsection (2)(d) causes property damage that is or exceeds $150 but is less than $500 in value. | Utah Code Ann. § 76-6-104(3)(c)(iii) |
| Property damage by reckless fire/explosion (under $150) | Infraction | Applies to any other violation under Subsection (2)(d) not meeting the dollar thresholds specified in Subsection (3)(c). | Utah Code Ann. § 76-6-104(3)(d) |
Common questions about reckless burning in Utah
Is reckless burning a felony or a misdemeanor in Utah?
It depends on the circumstances: reckless burning ranges from a Infraction to a Class A Misdemeanor in Utah under Utah Code Ann. § 76-6-104.
Reckless starting of fire or explosion endangering human life: Class A Misdemeanor (Utah Code Ann. § 76-6-104(3)(a)) · Failure to control spreading fire or give alarm: Class A Misdemeanor (Utah Code Ann. § 76-6-104(3)(a)) · Failure to remove flammable materials around fire: Class B Misdemeanor (Utah Code Ann. § 76-6-104(3)(b)) · Property damage by reckless fire/explosion ($1,500 or more): Class A Misdemeanor (Utah Code Ann. § 76-6-104(3)(c)(i)) · Property damage by reckless fire/explosion ($500 to under $1,500): Class B Misdemeanor (Utah Code Ann. § 76-6-104(3)(c)(ii)) · Property damage by reckless fire/explosion ($150 to under $500): Class C Misdemeanor (Utah Code Ann. § 76-6-104(3)(c)(iii)) · Property damage by reckless fire/explosion (under $150): Infraction (Utah Code Ann. § 76-6-104(3)(d))
What are the penalties for reckless burning in Utah?
Which Utah statute covers reckless burning?
Reckless burning is governed by Utah Code Ann. § 76-6-104 (Reckless burning).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.