(1) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
(2) An actor commits arson if, under circumstances not amounting to aggravated arson, the person by means of fire or explosives unlawfully and intentionally damages:
(a) any property with intention of defrauding an insurer; or
(b) the property of another.
(3)
(a) A violation of Subsection (2)(a) is a second degree felony.
(b) A violation of Subsection (2)(b) is a second degree felony if:
(i) the damage caused is or exceeds $5,000 in value;
(ii) as a proximate result of the fire or explosion, any person not a participant in the offense suffers serious bodily injury as defined in Section 76-1-101.5;
(iii)
(A) the damage caused is or exceeds $1,500 but is less than $5,000 in value; and
(B) at the time of the offense the actor has been previously convicted of a violation of this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the commission of the violation of Subsection (2)(b).
(c) A violation of Subsection (2)(b) is a third degree felony if:
(i) the damage caused is or exceeds $1,500 but is less than $5,000 in value;
(ii) as a proximate result of the fire or explosion, any person not a participant in the offense suffers substantial bodily injury as defined in Section 76-1-101.5;
(iii) the fire or explosion endangers human life; or
(iv)
(A) the damage caused is or exceeds $500 but is less than $1,500 in value; and
(B) at the time of the offense the actor has been previously convicted of a violation of this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the commission of the violation of Subsection (2)(b).
(d) A violation of Subsection (2)(b) is a class A misdemeanor if the damage caused:
(i) is or exceeds $500 but is less than $1,500 in value; or
(ii)
(A) is less than $500; and
(B) at the time of the offense the actor has been previously convicted of a violation of this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the commission of the violation of Subsection (2)(b).
(e) A violation of Subsection (2)(b) is a class B misdemeanor if the damage caused is less than $500.