State Codes and Statutes

Statutes > Utah > Title-76 > Chapter-04 > 76-4-102

76-4-102. Attempt -- Classification of offenses.
(1) Criminal attempt to commit:
(a) a capital felony, or a felony punishable by imprisonment for life without parole, is afirst degree felony;
(b) except as provided in Subsection (1)(c) or (d), a first degree felony is a second degreefelony;
(c) any of the following offenses is a first degree felony punishable by imprisonment foran indeterminate term of not fewer than three years and which may be for life:
(i) murder, Subsection 76-5-203(2)(a);
(ii) child kidnapping, Section 76-5-301.1; or
(iii) except as provided in Subsection (1)(d), any of the felonies described in Title 76,Chapter 5, Part 4, Sexual Offenses, that are first degree felonies;
(d) except as provided in Subsection (2), any of the following offenses is a first degreefelony, punishable by a term of imprisonment of not less than 15 years and which may be for life:
(i) rape of a child, Section 76-5-402.1;
(ii) object rape of a child, Section 76-5-402.3; or
(iii) sodomy on a child, Section 76-5-403.1;
(e) a second degree felony is a third degree felony;
(f) a third degree felony is a class A misdemeanor;
(g) a class A misdemeanor is a class B misdemeanor;
(h) a class B misdemeanor is a class C misdemeanor; and
(i) a class C misdemeanor is punishable by a penalty not exceeding one half the penaltyfor a class C misdemeanor.
(2) If, when imposing a sentence under Subsection (1)(d), a court finds that a lesser termthan the term described in Subsection (1)(d) is in the interests of justice and states the reasons forthis finding on the record, the court may impose a term of imprisonment of not less than:
(a) 10 years and which may be for life;
(b) six years and which may be for life; or
(c) three years and which may be for life.

Amended by Chapter 12, 2008 General Session
Amended by Chapter 179, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-76 > Chapter-04 > 76-4-102

76-4-102. Attempt -- Classification of offenses.
(1) Criminal attempt to commit:
(a) a capital felony, or a felony punishable by imprisonment for life without parole, is afirst degree felony;
(b) except as provided in Subsection (1)(c) or (d), a first degree felony is a second degreefelony;
(c) any of the following offenses is a first degree felony punishable by imprisonment foran indeterminate term of not fewer than three years and which may be for life:
(i) murder, Subsection 76-5-203(2)(a);
(ii) child kidnapping, Section 76-5-301.1; or
(iii) except as provided in Subsection (1)(d), any of the felonies described in Title 76,Chapter 5, Part 4, Sexual Offenses, that are first degree felonies;
(d) except as provided in Subsection (2), any of the following offenses is a first degreefelony, punishable by a term of imprisonment of not less than 15 years and which may be for life:
(i) rape of a child, Section 76-5-402.1;
(ii) object rape of a child, Section 76-5-402.3; or
(iii) sodomy on a child, Section 76-5-403.1;
(e) a second degree felony is a third degree felony;
(f) a third degree felony is a class A misdemeanor;
(g) a class A misdemeanor is a class B misdemeanor;
(h) a class B misdemeanor is a class C misdemeanor; and
(i) a class C misdemeanor is punishable by a penalty not exceeding one half the penaltyfor a class C misdemeanor.
(2) If, when imposing a sentence under Subsection (1)(d), a court finds that a lesser termthan the term described in Subsection (1)(d) is in the interests of justice and states the reasons forthis finding on the record, the court may impose a term of imprisonment of not less than:
(a) 10 years and which may be for life;
(b) six years and which may be for life; or
(c) three years and which may be for life.

Amended by Chapter 12, 2008 General Session
Amended by Chapter 179, 2008 General Session


State Codes and Statutes

State Codes and Statutes

Statutes > Utah > Title-76 > Chapter-04 > 76-4-102

76-4-102. Attempt -- Classification of offenses.
(1) Criminal attempt to commit:
(a) a capital felony, or a felony punishable by imprisonment for life without parole, is afirst degree felony;
(b) except as provided in Subsection (1)(c) or (d), a first degree felony is a second degreefelony;
(c) any of the following offenses is a first degree felony punishable by imprisonment foran indeterminate term of not fewer than three years and which may be for life:
(i) murder, Subsection 76-5-203(2)(a);
(ii) child kidnapping, Section 76-5-301.1; or
(iii) except as provided in Subsection (1)(d), any of the felonies described in Title 76,Chapter 5, Part 4, Sexual Offenses, that are first degree felonies;
(d) except as provided in Subsection (2), any of the following offenses is a first degreefelony, punishable by a term of imprisonment of not less than 15 years and which may be for life:
(i) rape of a child, Section 76-5-402.1;
(ii) object rape of a child, Section 76-5-402.3; or
(iii) sodomy on a child, Section 76-5-403.1;
(e) a second degree felony is a third degree felony;
(f) a third degree felony is a class A misdemeanor;
(g) a class A misdemeanor is a class B misdemeanor;
(h) a class B misdemeanor is a class C misdemeanor; and
(i) a class C misdemeanor is punishable by a penalty not exceeding one half the penaltyfor a class C misdemeanor.
(2) If, when imposing a sentence under Subsection (1)(d), a court finds that a lesser termthan the term described in Subsection (1)(d) is in the interests of justice and states the reasons forthis finding on the record, the court may impose a term of imprisonment of not less than:
(a) 10 years and which may be for life;
(b) six years and which may be for life; or
(c) three years and which may be for life.

Amended by Chapter 12, 2008 General Session
Amended by Chapter 179, 2008 General Session

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