76-6-101 (Superseded 11/01/10) - Definitions.
76-6-101 (Superseded 11/01/10). Definitions.
For purposes of this chapter:
(1) "Property" means any form of real property or tangible personal property which iscapable of being damaged or destroyed and includes a habitable structure.
(2) "Habitable structure" means any building, vehicle, trailer, railway car, aircraft, orwatercraft used for lodging or assembling persons or conducting business whether a person isactually present or not.
(3) "Property" is that of another, if anyone other than the actor has a possessory orproprietary interest in any portion thereof.
(4) "Value" means:
(a) The market value of the property, if totally destroyed, at the time and place of theoffense, or where cost of replacement exceeds the market value; or
(b) Where the market value cannot be ascertained, the cost of repairing or replacing theproperty within a reasonable time following the offense.
(5) If the property damaged has a value that cannot be ascertained by the criteria set forthin Subsections (4)(a) and (b), the property shall be considered to have a value less than $300.
(6) "Fire" means a flame, heat source capable of combustion, or material capable ofcombustion that is caused, set, or maintained by a person for any purpose.
Amended by Chapter 320, 2009 General Session