Utah criminal charge
Attempt in Utah
Attempt is a criminal offense under Utah law, defined by Utah Code Ann. § 76-4-102. 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. § 76-4-102.
How is attempt classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Attempt to commit a capital felony or life-without-parole felony | First Degree Felony | Applies when the actor attempts to commit a capital felony or a felony punishable by imprisonment for life without parole. | Utah Code Ann. § 76-4-102(1)(a)(i) |
| Attempt to commit murder under 76-5-203(2)(a) | First Degree Felony | Applies when the actor attempts murder under Subsection 76-5-203(2)(a), punishable by an indeterminate term of not fewer than five years and which may be for life. | 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 | Applies to attempted child kidnapping under 76-5-301.1 or attempted first degree felony sexual offenses under Title 76, Chapter 5, Part 4 (other than 76-5-417), punishable by an indeterminate term of not fewer than three years and which may be for life. | Utah Code Ann. § 76-4-102(1)(d) |
| Attempt to commit child rape, child object rape, or child sodomy | First Degree Felony | Applies to attempted rape of a child, object rape of a child, or sodomy on a child, punishable by an indeterminate term of not fewer than 15 years and which may be for life, unless a lesser term is imposed under Subsection (3). | Utah Code Ann. § 76-4-102(1)(e) |
| Attempt to commit a general first degree felony | Second Degree Felony | Applies when the actor attempts to commit a first degree felony not falling under Subsection (1)(c), (d), or (e). | Utah Code Ann. § 76-4-102(1)(b) |
| Attempt to commit a second degree felony | Third Degree Felony | Applies when the actor attempts to commit a second degree felony. | Utah Code Ann. § 76-4-102(1)(f) |
| Attempt to commit a third degree felony | Class A Misdemeanor | Applies when the actor attempts to commit a third degree felony. | Utah Code Ann. § 76-4-102(1)(g) |
| Attempt to commit a class A misdemeanor | Class B Misdemeanor | Applies when the actor attempts to commit a class A misdemeanor. | Utah Code Ann. § 76-4-102(1)(h) |
| Attempt to commit a class B misdemeanor | Class C Misdemeanor | Applies when the actor attempts to commit a class B misdemeanor. | Utah Code Ann. § 76-4-102(1)(i) |
Common questions about attempt in Utah
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).
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.