ARTICLE XI. - OFFENSES REGARDING PROPERTY
Part of the Code of Ordinances of Minersville, UT.
The text
Sec. 14-279. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Fire means a flame, heat source capable of combustion, or material capable of combustion that is caused, set, or maintained by a person for any purpose.
Habitable structure means any building, vehicle, trailer, railway car, aircraft, or watercraft used for lodging or assembling persons or conducting business whether a person is actually present or not.
Property means any form of real property or tangible personal property which is capable of being damaged or destroyed and includes a habitable structure. The term "property" also means property which is that of another, if anyone other than the actor has a possessory or proprietary interest in any portion thereof.
Value means: (1)
The market value of the property, if totally destroyed, at the time and place of the offense, or where cost of replacement exceeds the market value; or
(2)
Where the market value cannot be ascertained, the cost of repairing or replacing the property within a reasonable time following the offense.
(3)
If the property damaged has a value that cannot be ascertained by the criteria set forth in subsections (1) and (2) of this definition, the property shall be deemed to have a value of less than $500.00.
(Code 1981, § 13-611)
State Law reference— Similar provisions, U.C.A. 1953, § 76-6-101.
Sec. 14-280. - Arson.#
(a)
A person is guilty of arson if, under circumstances not amounting to aggravated arson, the person by means of fire or explosives unlawfully and intentionally damages the property of another.
(b)
A violation of subsection (a) of this section is a Class A misdemeanor if the damage caused:
(1)
Is or exceeds $500.00 but is less than $1,500.00 in value; or
(2)
Is less than $500.00 and, at the time of the offense, the actor has been previously convicted of a violation of this section or U.C.A. 1953, § 76-6-103 regarding aggravated arson within ten years prior to the commission of the violation of U.C.A. 1953, § 76-6-102 (1)(b).
(c)
A violation of subsection (a) of this section is a Class B misdemeanor if the damage caused is less than $500.00.
(Code 1981, § 13-612)
State Law reference— Similar provisions, U.C.A. 1953, § 76-6-102(1)(2)(6).
Sec. 14-281. - Reckless burning.#
(a)
A person is guilty of reckless burning if the person:
(1)
Recklessly starts a fire or causes an explosion which endangers human life;
(2)
Having started a fire, whether recklessly or not, and knowing that it is spreading and will endanger the life or property of another, either fails to take reasonable measures to put out or control the fire or fails to give a prompt fire alarm;
(3)
Builds or maintains 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; or
(4)
Damages the property of another by reckless use of fire or causing an explosion.
(c)
A violation of subsection (a)(1) or (2) of this section is a Class A misdemeanor.
(d)
A violation of subsection (a)(3) of this section is a Class B misdemeanor.
(e)
A violation of subsection (a)(4) of this section is:
(1)
A Class A misdemeanor if damage to property is or exceeds $1,500.00 in value;
(2)
A Class B misdemeanor if the damage to property is or exceeds $500.00 but is less than $1,500.00 in value; and
(3)
A Class C misdemeanor if the damage to property is or exceeds $150.00 but is less than $500.00 in value.
(f)
Any other violation under subsection (a)(4) of this section is an infraction.
(Code 1981, § 13-614)
State Law reference— Similar provisions, U.C.A. 1953, § 76-6-104.
Sec. 14-282. - Criminal mischief.#
(a)
A person commits criminal mischief if the person:
(1)
Intentionally and unlawfully tampers with the property of another and as a result:
a.
Recklessly endangers human life: or
b.
Human health or safety.
(2)
Intentionally damages, defaces, or destroys the property of another; or
(3)
Recklessly or willfully shoots or propels a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing.
(b)
A violation of subsection (a)(1)a of this section is a Class A misdemeanor.
(c)
A violation of subsection (a)(1)b of this section is a Class B misdemeanor.
(d)
Any other violation of this section is a:
(1)
Class A misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $500.00 but is less than $1,500.00 in value; and
(2)
Class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss less than $500.00 in value.
(e)
In determining the value of damages under this section, or for computer crimes under U.C.A. 1953, § 76-6-703, the value of any item, computer, computer network, computer property, computer services, software, or data includes the measurable value of the loss of use of the items and the measurable cost to replace or restore the items.
(Code 1981, § 13-616)
State Law reference— Similar provisions, U.C.A. 1953, § 78-6-106(2)(b)—(d), (3)(a)(ii)—(iv), (4).