76-4 - Inchoate Offenses
Title 76 > 76-4
Sections (9)
Attempt
76-4-101 - Attempt — Elements of offense.
(1) 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; andintends to commit the crime; orwhen 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: because the offense attempted was actually committed; ordue 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
76-4-102 - Attempt — Classification of offenses.
(1) 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 (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;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 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; orexcept as provided in Subsection (1)(e), a felony described in Title 76, Chapter 5, Part 4, Sexual Offenses, other than Section 76-5-417, 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; orsodomy 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; anda 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:10 years and which may be for life; orsix 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:10 years and which may be for life;six years and which may be for life; orthree years and which may be for life.
Amended by Chapter 173, 2025 General Session
Conspiracy, Solicitation, and Contributing to Delinquency
76-4-201 - Conspiracy — Elements of offense.
For purposes of this part a person is guilty of conspiracy when he, intending that conduct constituting a crime be performed, agrees with one or more persons to engage in or cause the performance of the conduct and any one of them commits an overt act in pursuance of the conspiracy, except where the offense is a capital felony, a felony against the person, arson, burglary, or robbery, the overt act is not required for the commission of conspiracy.
Amended by Chapter 209, 2001 General Session
76-4-202 - Conspiracy — Classification of offenses.
Conspiracy to commit:
(1) a capital felony is a first degree felony;
(2) a first degree felony is a second degree felony, except that conspiracy to commit child kidnaping, in violation of Section 76-5-301.1 or to commit any of those felonies described in Title 76, Chapter 5, Part 4, Sexual Offenses, other than Section 76-5-417, which are first degree felonies, is a first degree felony punishable by imprisonment for an indeterminate term of not less than three years and which may be for life;
(3) a second degree felony is a third degree felony;
(4) a third degree felony is a class A misdemeanor;
(5) a class A misdemeanor is a class B misdemeanor;
(6) a class B misdemeanor is a class C misdemeanor;
(7) A class C misdemeanor is punishable by a penalty not exceeding one half the penalty for a class C misdemeanor.
Amended by Chapter 173, 2025 General Session
76-4-203 - Criminal solicitation of an adult.
(1) As used in this section:“Adult” means an individual who is 18 years old or older.”Solicit” means to ask, command, encourage, importune, offer to hire, or request.Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits criminal solicitation of an adult if, with the intent that a felony offense be committed, the actor solicits an adult to engage in specific conduct that, under the circumstances as the actor believes the circumstances to be, would be a felony offense or would cause the adult to be a party to the commission of a felony offense.
(3) A violation of Subsection (2) where the actor solicits the adult 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 (3)(c) or (d), a first degree felony is a second degree felony;any of the following felony offenses is a first degree felony punishable by imprisonment for an indeterminate term of not fewer than three years and which may be for life:murder, as described in Subsection 76-Ch76_5|76-5-203](a);child kidnapping, as described in Section 76-5-301.1; orexcept as provided in Subsection (3)(d), an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, other than Section 76-5-417, that is a first degree felony;except as provided in Subsection (4), any of the following felony offenses is a first degree felony punishable by a term of imprisonment of not less than 15 years and which may be for life:rape of a child, Section 76-5-402.1;object rape of a child, Section 76-5-402.3; orsodomy on a child, Section 76-5-403.1;a second degree felony is a third degree felony; anda third degree felony is a class A misdemeanor.
(4) If a court finds that a lesser term than the term described in Subsection (3)(d) 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; orthree years and which may be for life.
(5) An actor may be convicted under this section only if the solicitation is made under circumstances strongly corroborative of the actor’s intent that the offense be committed.
(6) It is not a defense to a violation of this section that:the adult solicited by the actor:does not agree to act upon the solicitation;does not commit an overt act;does not engage in conduct constituting a substantial step toward the commission of any offense;is not criminally responsible for the felony offense solicited;was acquitted, was not prosecuted or convicted, or was convicted of a different offense or of a different type or degree of offense; oris immune from prosecution; orthe actor:belongs to a class of persons that by definition is legally incapable of committing the offense in an individual capacity; orfails to communicate with the adult that the actor solicits to commit an offense if the intent of the actor’s conduct was to effect the communication.
(7) Nothing in this section prevents an actor who otherwise solicits an adult to engage, or intentionally aids an adult in engaging, in conduct that constitutes an offense from being prosecuted and convicted as a party to the offense under Section 76-2-202 if the adult actually commits the offense.
Amended by Chapter 173, 2025 General Session
76-4-205 - Criminal solicitation of a minor.
(1) As used in this section:“Minor” means an individual who is younger than 18 years old.”Solicit” means to ask, command, encourage, importune, offer to hire, or request.Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits criminal solicitation of a minor if, with the intent that a felony or class A misdemeanor offense be committed, the actor solicits a minor to engage in specific conduct that, under the circumstances as the actor believes the circumstances to be, would be a felony or class A misdemeanor offense or would cause the minor to be a party to the commission of a felony or class A misdemeanor offense.
(3) A violation of Subsection (2) is:a first degree felony if the actor solicits conduct that is a first degree felony;a second degree felony if the actor solicits conduct that is a second degree felony;a third degree felony if the actor solicits conduct that is a third degree felony; anda class A misdemeanor if the actor solicits conduct that is a class A misdemeanor.
(4) An actor may be convicted under this section only if the solicitation is made under circumstances strongly corroborative of the actor’s intent that the offense be committed.
(5) It is not a defense to a violation of this section that:the minor:does not agree to act upon the solicitation;does not commit an overt act;does not engage in conduct constituting a substantial step toward the commission of any offense;is not criminally responsible for the offense solicited;was acquitted or the allegations about the minor in a delinquency petition were found to not be true;was not prosecuted, adjudicated, or convicted, or was convicted or adjudicated of a different offense or of a different type or degree of offense; oris immune from prosecution; orthe actor:belongs to a class of persons that by definition is legally incapable of committing the offense in an individual capacity; orfails to communicate with the minor that the actor solicits to commit an offense if the intent of the actor’s conduct was to effect the communication.
(6) Nothing in this section prevents an actor who otherwise solicits a minor to engage, or intentionally aids in a minor in engaging, in conduct that constitutes an offense from being prosecuted and convicted as a party to the offense under Section 76-2-202 if the minor actually commits the offense.
Enacted by Chapter 301, 2024 General Session
76-4-206 - Contributing to the delinquency of a minor.
(1) As used in this section:“Adult” means an individual who is 18 years old or older.”Minor” means an individual who is younger than 18 years old.Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits contributing to the delinquency of a minor if the actor:is an adult; andcommits any act or engages in any conduct that the actor knows or should know would have the effect of causing or encouraging a minor to commit an act that would be a class B misdemeanor, a class C misdemeanor, or an infraction under a federal or state statute or a county or municipal ordinance.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) A violation of Subsection (2) does not require that the minor be found to be delinquent or to have committed a delinquent act.
(5) An offense committed under Subsection (2) is in addition to any completed or inchoate offense which the actor may have committed personally or as a party.
Renumbered and Amended by Chapter 301, 2024 General Session
Exemptions and Restrictions
76-4-301 - Specific attempt or conspiracy offense prevails.
Whenever any offense specifically designates or defines an attempt or conspiracy and provides a penalty for the attempt or conspiracy other than provided in this chapter, the specific offense shall prevail over the provisions of this chapter.
Amended by Chapter 20, 1995 General Session
76-4-302 - Conviction of inchoate and principal offense or attempt and conspiracy to commit offense prohibited.
No person shall be convicted of both an inchoate and principal offense or of both an attempt to commit an offense and a conspiracy to commit the same offense.
Amended by Chapter 32, 1974 General Session