76-4-102. Attempt -- Classification of offenses.

490 words·~2 min read·/ut/title-76/chapter-4/76-4-102

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

Effective 1/1/2027

(1)A violation of Section 76-4-101 where the actor attempts to commit:

(i)a capital felony, or a felony punishable by imprisonment for life without parole, is a first degree felony;

(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;

(b)except as provided in Subsection (1)(c) ,

(d), or

(e), a first degree felony is a second degree felony;

(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;

(d)one of 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:

(i)child kidnapping under Section 76-5-301.1 ; or

(ii)except as provided in Subsection (1)(e) , a felony described in Title 76, Chapter 5, Part 4, Sexual Offenses , that is a first degree felony;

(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:

(i)rape of a child under Section 76-5-402.1 ;

(ii)object rape of a child under Section 76-5-402.3 ; or

(iii)sodomy on a child under Section 76-5-403.1 ;

(f)a second degree felony is a third degree felony;

(g)a third degree felony is a class A misdemeanor;

(h)a class A misdemeanor is a class B misdemeanor;

(i)a class B misdemeanor is a class C misdemeanor; and

(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:

(a)10 years and which may be for life; or

(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:

(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 445 , 2026 General Session