One of the most common motives for committing the felony offense of arson involves filing a fraudulent insurance claim (Utah Code §76-6-102(1)(a)). These offenses typically involve an allegation that a person has burned his or her own property in order to recover damages from the insurance company. The offense of arson with the intention of defrauding an insurance company is a second (2nd) degree felony punishable by up to 15 years in Utah state prison.
Utah’s standard jury instructions for the criminal offense of arson with the intention of defrauding an insurer 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 unlawfully and intentionally damaged property with explosives or fire in order to defraud an insurer.