Utah Code » Title 76, Chapter 4 — Inchoate Offenses; part 76-4-1 — Attempt
Utah Code

Utah Code § 76-4-101 (2026)

Attempt -- Elements of offense

✓ current as of May 2026
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For purposes of this part, a person is guilty of an attempt to commit a crime if he:
engages in conduct constituting a substantial step toward commission of the crime; and
intends to commit the crime; or
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.
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).
A defense to the offense of attempt does not arise:
because the offense attempted was actually committed; or
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.
Notes of Decisions
Cited in 105 cases (16 in the last 5 years), 1975–2026 · leading case: State v. Johnson, 821 P.2d 1150 (Utah 1991).
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State v. Johnson, 821 P.2d 1150 (Utah 1991). · cites it 16× “” Utah Code Ann. § 76-4-101 (1) (1990). 2 To be guilty of first degree (or capital) murder, the actor must commit what would otherwise be a second degree murder, i.”
State v. Casey, 2003 UT 33 (Utah 2003). · cites it 8× “(alteration in original) (quoting Utah Code Ann. § 76-4-101 (1) (1978)). We rejected the notion that attempted murder required a different, higher degree of eulpability than a murder conviction.”
State v. Bell, 785 P.2d 390 (Utah 1989). · cites it 12× “Utah Code Ann. § 76-4-101 (1) (1978) provides that a person is guilty of an attempt to commit the crime if, acting with the kind of culpability otherwise required for the commission of the offense, he or she engages in conduct constituting a substantial step toward the…”
State v. Vigil, 842 P.2d 843 (Utah 1992). · cites it 13× “Utah Code Ann. § 76-4-101 (emphasis added).”
State v. Ansari, 2004 UT App 326 (Utah Ct. App. 2004). · cites it 9× “" Utah Code Ann. § 76-4-101 (2003) (amended 2004).”
State v. Arave, 268 P.3d 163 (Utah 2011). · cites it 6× “As originally drafted, it defined Internet enticement as follows: A person commits enticement of a minor over the Internet when, not amounting to an attempt, conspiracy, or solicitation under Section 76-4-101, 76-4-201, or 76-4-203, the person knowingly uses a computer to…”
State v. Powell, 2007 UT 9 (Utah 2007). · cites it 4× “That said defendant then and there did so: (a) intentionally or knowingly; or (b) acting under circumstances evidencing a depraved indifference to human life, he knowingly engaged in conduct which created a grave risk of death to Roselynn Ellis and thereby attempted to cause the…”
State v. Smith, 2024 UT 13 (Utah 2024). · cites it 6× “SMITH Opinion of the Court for the district court to find that he had the intent to commit the crimes that underlie his attempt charges.”
State v. Rushton, 2017 UT 21 (Utah 2017). · cites it 3× “‖ UTAH CODE § 76-4-101(1).4 And the term ―accomplishment‖ or ―accomplish‖ refers to the completion of all the elements of a crime identified in the criminal code.”
State v. Bushman, 2010 UT App 120 (Utah Ct. App. 2010). · cites it 4× “; Utah Code Ann. §§ 76-4-101 to-102 (2008).”
State v. Price, 837 P.2d 578 (Utah Ct. App. 1992). · cites it 8× “BILLINGS, Associate Presiding Judge: Defendant Micheal Dean Price appeals the trial court's denial of his pro se motion to withdraw his guilty plea to a charge of attempted aggravated assault, a class A misdemeanor, in violation of Utah Code Ann. §§ 76-4-101 and -102(4) (1990).”
State v. Lisenbee, 2022 UT App 19 (Utah Ct. App. 2022). · cites it 7× “” See Utah Code Ann. § 76-4-101 (1) (LexisNexis 2003).”
Show all 105 citing cases →
— Utah Code § 76-4-101(1) — 20 cases
State v. Bell, 785 P.2d 390 (Utah 1989). “Utah Code Ann. § 76-4-101 (1) (1978) provides that a person is guilty of an attempt to commit the crime if, acting with the kind of culpability otherwise required for the commission of the offense, he or she engages in conduct constituting a substantial step toward the…”
State v. Rushton, 2017 UT 21 (Utah 2017). “‖ UTAH CODE § 76-4-101(1).4 And the term ―accomplishment‖ or ―accomplish‖ refers to the completion of all the elements of a crime identified in the criminal code.”
State v. Bird, 2015 UT 7 (Utah 2015).
State v. Casey, 2003 UT 33 (Utah 2003). “(alteration in original) (quoting Utah Code Ann. § 76-4-101 (1) (1978)). We rejected the notion that attempted murder required a different, higher degree of eulpability than a murder conviction.”
State v. Adams, 2011 UT App 163 (Utah Ct. App. 2011).
— Utah Code § 76-4-101(1)(a) — 4 cases
State v. Arave, 268 P.3d 163 (Utah 2011). “As originally drafted, it defined Internet enticement as follows: A person commits enticement of a minor over the Internet when, not amounting to an attempt, conspiracy, or solicitation under Section 76-4-101, 76-4-201, or 76-4-203, the person knowingly uses a computer to…”
State v. Lopez, 2020 UT App 101 (Utah Ct. App. 2020).
State v. Mclain, 2026 UT App 4 (Utah Ct. App. 2026).
State v. Mclain, 2025 UT App 150 (Utah Ct. App. 2025).
— Utah Code § 76-4-101(1)(b)(ii) — 1 case
State v. Lisenbee, 2022 UT App 19 (Utah Ct. App. 2022). “” See Utah Code Ann. § 76-4-101 (1) (LexisNexis 2003).”
— Utah Code § 76-4-101(2) — 15 cases
State v. Smith, 2024 UT 13 (Utah 2024). “SMITH Opinion of the Court for the district court to find that he had the intent to commit the crimes that underlie his attempt charges.”
State v. Mottaghian, 2022 UT App 8 (Utah Ct. App. 2022).
State v. Lisenbee, 2022 UT App 19 (Utah Ct. App. 2022). “” See Utah Code Ann. § 76-4-101 (1) (LexisNexis 2003).”
State v. Groce, 2024 UT App 166 (Utah Ct. App. 2024).
State v. Vigil, 842 P.2d 843 (Utah 1992). “Utah Code Ann. § 76-4-101 (emphasis added).”
— Utah Code § 76-4-101(3) — 1 case
State v. Johnson, 821 P.2d 1150 (Utah 1991). “” Utah Code Ann. § 76-4-101 (1) (1990). 2 To be guilty of first degree (or capital) murder, the actor must commit what would otherwise be a second degree murder, i.”
— Utah Code § 76-4-101(3)(a) — 1 case
State v. Garnick, 619 P.2d 1383 (Utah 1980).
— Utah Code § 76-4-101(3)(b) — 5 cases
State v. Johnson, 821 P.2d 1150 (Utah 1991). “” Utah Code Ann. § 76-4-101 (1) (1990). 2 To be guilty of first degree (or capital) murder, the actor must commit what would otherwise be a second degree murder, i.”
State v. Bell, 2016 UT App 157 (Utah Ct. App. 2016).
State v. Pappas, 705 P.2d 1169 (Utah 1985).
State v. Sommers, 569 P.2d 1110 (Utah 1977).
State v. Dickerson, 2025 UT App 173 (Utah Ct. App. 2025).
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