Under Utah Code § 76-6-103, the criminal offense of aggravated arson can be charged as a first degree felony. Utah’s standard jury instructions for the criminal offense of aggravated arson generally provide for the following elements, which must each be proven beyond all reasonable doubt at trial:
- The person charged with the offense committed the act;
- The act was unlawfully and intentionally;
- The act damaged with explosives or fire one of the following;
- a habitable structure; or
- a structure that contains a person who is not a participant in the offense, or
- a vehicle that contains a person who is not a participant in the offense.