Utah criminal charge
Conspiracy in Utah
Conspiracy is a criminal offense under Utah law, defined by Utah Code Ann. § 76-4-202. 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. § 76-4-202.
How is conspiracy classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Conspiracy to commit a capital felony | First Degree Felony | Conspiracy to commit an offense that is a capital felony is classified as a first degree felony. | Utah Code Ann. § 76-4-202(1) |
| Conspiracy to commit a first degree felony (general) | Second Degree Felony | Conspiracy to commit an offense that is a first degree felony is generally classified as a second degree felony. | Utah Code Ann. § 76-4-202(2) |
| Conspiracy to commit child kidnaping or certain sexual offense first degree felonies | First Degree Felony | Conspiracy to commit child kidnaping under Section 76-5-301.1 or certain first degree felony sexual offenses under Title 76, Chapter 5, Part 4 (other than Section 76-5-417) remains a first degree felony punishable by an indeterminate term of not less than three years and which may be for life. | Utah Code Ann. § 76-4-202(2) |
| Conspiracy to commit a second degree felony | Third Degree Felony | Conspiracy to commit an offense that is a second degree felony is classified as a third degree felony. | Utah Code Ann. § 76-4-202(3) |
| Conspiracy to commit a third degree felony | Class A Misdemeanor | Conspiracy to commit an offense that is a third degree felony is classified as a class A misdemeanor. | Utah Code Ann. § 76-4-202(4) |
| Conspiracy to commit a class A misdemeanor | Class B Misdemeanor | Conspiracy to commit an offense that is a class A misdemeanor is classified as a class B misdemeanor. | Utah Code Ann. § 76-4-202(5) |
| Conspiracy to commit a class B misdemeanor | Class C Misdemeanor | Conspiracy to commit an offense that is a class B misdemeanor is classified as a class C misdemeanor. | Utah Code Ann. § 76-4-202(6) |
Common questions about conspiracy in Utah
Is conspiracy a felony or a misdemeanor in Utah?
It depends on the circumstances: conspiracy ranges from a Class C Misdemeanor to a First Degree Felony in Utah under Utah Code Ann. § 76-4-202.
Conspiracy to commit a capital felony: First Degree Felony (Utah Code Ann. § 76-4-202(1)) · Conspiracy to commit a first degree felony (general): Second Degree Felony (Utah Code Ann. § 76-4-202(2)) · Conspiracy to commit child kidnaping or certain sexual offense first degree felonies: First Degree Felony (Utah Code Ann. § 76-4-202(2)) · Conspiracy to commit a second degree felony: Third Degree Felony (Utah Code Ann. § 76-4-202(3)) · Conspiracy to commit a third degree felony: Class A Misdemeanor (Utah Code Ann. § 76-4-202(4)) · Conspiracy to commit a class A misdemeanor: Class B Misdemeanor (Utah Code Ann. § 76-4-202(5)) · Conspiracy to commit a class B misdemeanor: Class C Misdemeanor (Utah Code Ann. § 76-4-202(6))
Which Utah statute covers conspiracy?
Conspiracy is governed by Utah Code Ann. § 76-4-202 (Conspiracy - 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.