State v. Durant

The construction which the majority places on the aggravated arson statute makes it patently unconstitutional in my view; it also renders the legislative scheme for dealing with crimes of arson illogical and subject to abuse. Accordingly, I dissent.

In brief, the majority opinion reverses the burden of proof on a key element of the aggravated arson statute, in violation of the federal and Utah Constitutions and in violation of the provisions of the criminal code. In addition, it changes the legislative scheme with respect to the crime of arson for the purpose of defrauding an insurer and…