Utah statute

Utah Code Ann. § 76-4-102 — Attempt - Classification of offenses.

Current through 2026 General Session

Amendment pending: a new version of this section takes effect Fri Jan 01 2027 00:00:00 GMT+0000 (Coordinated Universal Time).

Criminal charges under this statute

Attempt

Full text of Utah Code Ann. § 76-4-102

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-4-102Primary source, current through the 2026 General Session

(1) A violation of Section 76-4-101 where the actor attempts to commit: (1)(a)(i) a capital felony, or a felony punishable by imprisonment for life without parole, is a first degree felony; (1)(a)(ii) except as provided in Subsection (2), aggravated murder under Section 76-5-202, which results in serious bodily injury, is punishable by imprisonment for an indeterminate term of not fewer than 15 years and which may be for life; (1)(b) except as provided in Subsection (1)(c), (d), or (e), a first degree felony is a second degree felony; (1)(c) murder under Subsection 76-5-203(2)(a) is a first degree felony punishable by imprisonment for an indeterminate term of not fewer than five years and which may be for life; (1)(d) one of the the following offenses is a first degree felony that is punishable by imprisonment for an indeterminate term of not fewer than three years and which may be for life: (1)(d)(i) child kidnapping under Section 76-5-301.1; or (1)(d)(ii) except as provided in Subsection (1)(e), a felony described in Title 76, Chapter 5, Part 4, Sexual Offenses, other than Section 76-5-417, that is a first degree felony; (1)(e) except as provided in Subsection (3), one of the following offenses is a first degree felony that is punishable by imprisonment for an indeterminate term of not fewer than 15 years and which may be for life: (1)(e)(i) rape of a child under Section 76-5-402.1; (1)(e)(ii) object rape of a child under Section 76-5-402.3; or (1)(e)(iii) sodomy on a child under Section 76-5-403.1; (1)(f) a second degree felony is a third degree felony; (1)(g) a third degree felony is a class A misdemeanor; (1)(h) a class A misdemeanor is a class B misdemeanor; (1)(i) a class B misdemeanor is a class C misdemeanor; and (1)(j) a class C misdemeanor is punishable by a penalty not exceeding one half the penalty for a class C misdemeanor. (2) If, when imposing a sentence under Subsection (1)(a)(ii), a court finds that a lesser term than the term described in Subsection (1)(a)(ii) is in the interests of justice and the court states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than: (2)(a) 10 years and which may be for life; or (2)(b) six years and which may be for life. (3) If, when imposing a sentence under Subsection (1)(e), a court finds that a lesser term than the term described in Subsection (1)(e) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than: (3)(a) 10 years and which may be for life; (3)(b) six years and which may be for life; or (3)(c) three years and which may be for life.

Official sources

Legal terms used in this section

Questions this section answers

Is attempt a felony or a misdemeanor in Utah?

It depends on the circumstances: attempt ranges from a Class C Misdemeanor to a First Degree Felony in Utah under Utah Code Ann. § 76-4-102.

Attempt to commit a capital felony or life-without-parole felony: First Degree Felony (Utah Code Ann. § 76-4-102(1)(a)(i)) · Attempt to commit murder under 76-5-203(2)(a): First Degree Felony (Utah Code Ann. § 76-4-102(1)(c)) · Attempt to commit child kidnapping or first degree felony sexual offense (Title 76, Ch. 5, Part 4): First Degree Felony (Utah Code Ann. § 76-4-102(1)(d)) · Attempt to commit child rape, child object rape, or child sodomy: First Degree Felony (Utah Code Ann. § 76-4-102(1)(e)) · Attempt to commit a general first degree felony: Second Degree Felony (Utah Code Ann. § 76-4-102(1)(b)) · Attempt to commit a second degree felony: Third Degree Felony (Utah Code Ann. § 76-4-102(1)(f)) · Attempt to commit a third degree felony: Class A Misdemeanor (Utah Code Ann. § 76-4-102(1)(g)) · Attempt to commit a class A misdemeanor: Class B Misdemeanor (Utah Code Ann. § 76-4-102(1)(h)) · Attempt to commit a class B misdemeanor: Class C Misdemeanor (Utah Code Ann. § 76-4-102(1)(i))

Which Utah statute covers attempt?

Attempt is governed by Utah Code Ann. § 76-4-102 (Attempt - Classification of offenses).

This reference is informational and is not legal advice.