Utah Code
Utah Code § 76-4-102 (2026)
Attempt -- Classification of offenses
✓ current as of May 2026
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1/1/2027
A violation of Section 76-4-101 where the actor attempts to commit:
a capital felony, or a felony punishable by imprisonment for life without parole, is a first degree felony;
except as provided in Subsection (1)(c), (d), or (e), a first degree felony is a second degree felony;
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;
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:
child kidnapping under Section 76-5-301.1; or
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;
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:
rape of a child under Section 76-5-402.1;
object rape of a child under Section 76-5-402.3; or
sodomy on a child under Section 76-5-403.1;
a second degree felony is a third degree felony;
a third degree felony is a class A misdemeanor;
a class A misdemeanor is a class B misdemeanor;
a class B misdemeanor is a class C misdemeanor; and
a class C misdemeanor is punishable by a penalty not exceeding one half the penalty for a class C misdemeanor.
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:
10 years and which may be for life; or
six years and which may be for life.
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:
10 years and which may be for life;
six years and which may be for life; or
three years and which may be for life.
Notes of Decisions
Cited in 41
cases (2 in the last 5 years), 1983–2025 · leading case: State v. Lebeau, 2014 UT 39 (Utah 2014).
State v. Lebeau, 2014 UT 39 (Utah 2014). “See UTAH CODE §§ 76-4-102 (attempt), -204 (criminal solicitation); id.”
State v. Colwell, 2000 UT 8 (Utah 2000). “NOTES [1] Utah Code Ann. § 76-4-102 (1) (1953) makes criminal attempt to commit a capital felony a first degree felony.”
State v. Johnson, 784 P.2d 1135 (Utah 1989). “1989) (probation, suspension, and lower category of offense shall not be granted for certain listed attempt crimes); see also Utah Code Ann. § 76-4-102 (Supp. 1989) (classification of criminal attempt).”
State v. Bruce, 779 P.2d 646 (Utah 1989). “1989), a 1980 conviction for retail theft, a second degree felony under section 76-6-412(1)(a), and a 1979 conviction for attempted burglary, a class A misdemeanor under section 76-4-102(4). The trial court allowed the convictions to be used for impeachment purposes on the…”
State v. West, 765 P.2d 891 (Utah 1988). “See Utah Code Ann. § 76-4-102 (3). Apparently, both parties and the court were unaware of this legislative change, and defendant was permitted to plead guilty to a second degree felony, a crime that no longer existed.”
State v. Petersen, 810 P.2d 421 (Utah 1991). “Utah Code Ann. § 76-4-102 (Supp.1989). 4 .”
State v. Kelley, 2000 UT 41 (Utah 2000). “Attempted rape is a first degree felony pursuant to section 76-4-102(2). 2 . Though the term "disabled” is now regarded as more appropriate, we use "retarded” where Wright specifically did so in his testimony.”
State v. Pullman, 2013 UT App 168 (Utah Ct. App. 2013). “See Utah Code Ann. § 76-4-102 (1)(d)(iti) (LexisNexis 2012).”
State v. Bradshaw, 2004 UT App 298 (Utah Ct. App. 2004). “¶ 6 Pursuant to a plea agreement, Bradshaw pled guilty to four counts of attempted communications fraud, third degree felonies under Utah Code Ann. § 76-4-102 (3) (2003), reserving his right to appeal the trial court's denial of his motion.”
State v. Johnson, 2006 UT App 3 (Utah Ct. App. 2006). “OPINION THORNE, Judge: ¶ 1 Defendant Rick Duane Johnson appeals his sentences for attempted sodomy on a child, see Utah Code Ann. §§ 76-4-102 , -5-403.1 (2003), and attempted aggravated sexual abuse of a child, see id.”
Smith v. Cook, 803 P.2d 788 (Utah 1990). “Utah Code Ann. § 76-4-102 (Supp.1984). 4 .”
State v. Gardner, 947 P.2d 630 (Utah 1997). “§§ 76-4-102, 76-3-203(2). It cannot be said that the harm to society resulting from murder is less than that resulting from aggravated *643 assault with the intentional infliction of serious bodily injury.”
— Utah Code § 76-4-102(1) — 2 cases
State v. Losee, 2012 UT App 213 (Utah Ct. App. 2012).
State v. Schroyer, 2002 UT 26 (Utah 2002).
— Utah Code § 76-4-102(1)(b) — 3 cases
State v. Milligan, 2012 UT App 47 (Utah Ct. App. 2012).
State v. Adams, 2011 UT App 163 (Utah Ct. App. 2011).
State v. Heimuli, 2012 UT App 69 (Utah Ct. App. 2012).
— Utah Code § 76-4-102(1)(c) — 1 case
State v. Grant, 2013 UT App 210 (Utah Ct. App. 2013).
— Utah Code § 76-4-102(1)(c)(f) — 1 case
State v. Adams, 2011 UT App 163 (Utah Ct. App. 2011).
— Utah Code § 76-4-102(1)(c)(i) — 4 cases
State v. Milligan, 2011 UT App 390 (Utah Ct. App. 2011).
State v. Stapley, 2011 UT App 54 (Utah Ct. App. 2011).
State v. Martinez, 2021 UT 38 (Utah 2021).
State v. Penick, 2012 UT App 320 (Utah Ct. App. 2012).
— Utah Code § 76-4-102(1)(d) — 1 case
State v. Rynhart, 2025 UT App 148 (Utah Ct. App. 2025).
— Utah Code § 76-4-102(1)(d)(iii) — 1 case
State v. Arave, 2009 UT App 278 (Utah Ct. App. 2009).
— Utah Code § 76-4-102(2) — 7 cases
State v. Kelley, 2000 UT 41 (Utah 2000). “Attempted rape is a first degree felony pursuant to section 76-4-102(2). 2 . Though the term "disabled” is now regarded as more appropriate, we use "retarded” where Wright specifically did so in his testimony.”
State v. Lebeau, 2014 UT 39 (Utah 2014). “See UTAH CODE §§ 76-4-102 (attempt), -204 (criminal solicitation); id.”
State v. West, 765 P.2d 891 (Utah 1988). “See Utah Code Ann. § 76-4-102 (3). Apparently, both parties and the court were unaware of this legislative change, and defendant was permitted to plead guilty to a second degree felony, a crime that no longer existed.”
State v. Hickman, 779 P.2d 670 (Utah 1989).
State v. Milligan, 2012 UT App 47 (Utah Ct. App. 2012).
— Utah Code § 76-4-102(2)(c) — 1 case
State v. Ansari, 2004 UT App 326 (Utah Ct. App. 2004).
— Utah Code § 76-4-102(3) — 2 cases
State v. Lebeau, 2014 UT 39 (Utah 2014). “See UTAH CODE §§ 76-4-102 (attempt), -204 (criminal solicitation); id.”
State v. Wright, 904 P.2d 1101 (Utah Ct. App. 1995).
— Utah Code § 76-4-102(4) — 1 case
State v. Bruce, 779 P.2d 646 (Utah 1989). “1989), a 1980 conviction for retail theft, a second degree felony under section 76-6-412(1)(a), and a 1979 conviction for attempted burglary, a class A misdemeanor under section 76-4-102(4). The trial court allowed the convictions to be used for impeachment purposes on the…”
— Utah Code § 76-4-102(8) — 2 cases
State v. Bradshaw, 152 P.3d 288 (Utah 2006).
State v. Valdez, 2008 UT App 329 (Utah Ct. App. 2008).
— Utah Code § 76-4-102(c) — 1 case
State v. Nguyen, 2011 UT App 2 (Utah Ct. App. 2011).
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