Utah has experienced 327 wildfires started by humans this year, yet determining the legal outcomes for these incidents is a significant challenge. Although recent charges have been filed in connection with the Memory Grove Fire in Salt Lake and the Mountain Road Fire in Ogden, it remains difficult to track which of the hundreds of human-caused fires result in criminal or civil consequences.
The process of pursuing legal action begins with fire investigators collecting evidence at a scene before handing it over to authorities. Kelly Wickens of Forestry, Fire, and State Lands stated that once investigators turn evidence over, the responsibility for pressing charges lies with the proper authorities.
Former prosecutor Nathan Evershed noted that arson charges are difficult because they require proof that someone intentionally started a fire. However, other charges such as reckless burning can be applied even if the act was not intentional, such as in cases involving fireworks. Evershed also mentioned that different types of fires carry different weights, noting that a structure fire could potentially lead to aggravated arson charges.
In cases where a fire is deemed purely accidental, finding criminal sanctions is more difficult, though civil sanctions for restitution may still be possible. Evershed added that individuals can even face charges for abandoning a campfire that subsequently causes a fire.
