76-4-101. Attempt -- Elements of offense.

154 words·~1 min read·/ut/title-76/chapter-4/76-4-101

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)For purposes of this part, a person is guilty of an attempt to commit a crime if he:

(a)engages in conduct constituting a substantial step toward commission of the crime; and

(i)intends to commit the crime; or

(ii)when causing a particular result is an element of the crime, he acts with an awareness that his conduct is reasonably certain to cause that result.

(2)For purposes of this part, conduct constitutes a substantial step if it strongly corroborates the actor's mental state as defined in Subsection (1)(b) .

(3)A defense to the offense of attempt does not arise:

(a)because the offense attempted was actually committed; or

(b)due to factual or legal impossibility if the offense could have been committed if the attendant circumstances had been as the actor believed them to be.

Amended by Chapter 154 , 2004 General Session