Utah criminal charge
Property damage or destruction in Utah
Current through 2026 Utah legislative session
Property damage or destruction is a criminal offense under Utah law, defined by Utah Code Ann. § 76-6-106.1. 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. § 76-6-106.1.
What is the penalty for property damage or destruction in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Damage to defraud insurer — base — A violation of Subsection (2)(a) is a third degree felony except where the pecuniary loss threshold in (3)(a)(ii) applies.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Damage to defraud insurer — base — A violation of Subsection (2)(a) is a third degree felony except where the pecuniary loss threshold in (3)(a)(ii) applies.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | 1 years to 15 years (Damage to defraud insurer — $5,000 or more — A violation of Subsection (2)(a) is a second degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Damage to defraud insurer — $5,000 or more — A violation of Subsection (2)(a) is a second degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | 1 years to 15 years (Intentional damage to property of another — $5,000 or more — A violation of Subsection (2)(b) is a second degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000 in value.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Intentional damage to property of another — $5,000 or more — A violation of Subsection (2)(b) is a second degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000 in value.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 5 years (Intentional damage to property of another — $1,500 to $5,000 — A violation of Subsection (2)(b) is a third degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $1,500 but less than $5,000 in value.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Intentional damage to property of another — $1,500 to $5,000 — A violation of Subsection (2)(b) is a third degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $1,500 but less than $5,000 in value.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | Intentional damage to property of another — $500 to $1,500 — A violation of Subsection (2)(b) is a class A misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $500 but less than $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 (Intentional damage to property of another — $500 to $1,500 — A violation of Subsection (2)(b) is a class A misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $500 but 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 6 months (Intentional damage to property of another — under $500 — A violation of Subsection (2)(b) is a class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss less than $500 in value.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Intentional damage to property of another — under $500 — A violation of Subsection (2)(b) is a class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss 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 |
Applies to current (2026 General Session).
How is property damage or destruction classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Damage to defraud insurer — base | Third Degree Felony | A violation of Subsection (2)(a) is a third degree felony except where the pecuniary loss threshold in (3)(a)(ii) applies. | Utah Code Ann. § 76-6-106.1(3)(a)(i) |
| Damage to defraud insurer — $5,000 or more | Second Degree Felony | A violation of Subsection (2)(a) is a second degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000. | Utah Code Ann. § 76-6-106.1(3)(a)(ii) |
| Intentional damage to property of another — $5,000 or more | Second Degree Felony | A violation of Subsection (2)(b) is a second degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000 in value. | Utah Code Ann. § 76-6-106.1(3)(b)(i) |
| Intentional damage to property of another — $1,500 to $5,000 | Third Degree Felony | A violation of Subsection (2)(b) is a third degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $1,500 but less than $5,000 in value. | Utah Code Ann. § 76-6-106.1(3)(b)(ii) |
| Intentional damage to property of another — $500 to $1,500 | Class A Misdemeanor | A violation of Subsection (2)(b) is a class A misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $500 but less than $1,500 in value. | Utah Code Ann. § 76-6-106.1(3)(b)(iii) |
| Intentional damage to property of another — under $500 | Class B Misdemeanor | A violation of Subsection (2)(b) is a class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss less than $500 in value. | Utah Code Ann. § 76-6-106.1(3)(b)(iv) |
Common questions about property damage or destruction in Utah
Is property damage or destruction a felony or a misdemeanor in Utah?
It depends on the circumstances: property damage or destruction ranges from a Class B Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-6-106.1.
Damage to defraud insurer — base: Third Degree Felony (Utah Code Ann. § 76-6-106.1(3)(a)(i)) · Damage to defraud insurer — $5,000 or more: Second Degree Felony (Utah Code Ann. § 76-6-106.1(3)(a)(ii)) · Intentional damage to property of another — $5,000 or more: Second Degree Felony (Utah Code Ann. § 76-6-106.1(3)(b)(i)) · Intentional damage to property of another — $1,500 to $5,000: Third Degree Felony (Utah Code Ann. § 76-6-106.1(3)(b)(ii)) · Intentional damage to property of another — $500 to $1,500: Class A Misdemeanor (Utah Code Ann. § 76-6-106.1(3)(b)(iii)) · Intentional damage to property of another — under $500: Class B Misdemeanor (Utah Code Ann. § 76-6-106.1(3)(b)(iv))
What are the penalties for property damage or destruction in Utah?
Which Utah statute covers property damage or destruction?
Property damage or destruction is governed by Utah Code Ann. § 76-6-106.1 (Property damage or destruction).
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.