Section 101 – Attempt — Elements of offense.
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: (a) engages in conduct constituting a substantial step toward commission of the crime; and (b) (i) intends to commit the crime; or (ii) when causing a particular result is an […]
Section 102 – Attempt — Classification of offenses.
76-4-102. Attempt — Classification of offenses. (1) Criminal attempt to commit: (a) (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), an attempt to commit aggravated murder, Section 76-5-202, which results in serious bodily injury, is punishable by […]
Section 201 – Conspiracy — Elements of offense.
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 […]
Section 202 – Conspiracy — Classification of offenses.
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, […]
Section 203 – Criminal solicitation — Elements.
76-4-203. Criminal solicitation — Elements. (1) An actor commits criminal solicitation if, with intent that a felony be committed, he solicits, requests, commands, offers to hire, or importunes another person to engage in specific conduct that under the circumstances as the actor believes them to be would be a felony or would cause the other […]
Section 204 – Criminal solicitation — Penalties.
76-4-204. Criminal solicitation — Penalties. (1) Criminal solicitation to commit: (a) a capital felony, or a felony punishable by imprisonment for life without parole, is a first degree felony; (b) except as provided in Subsection (1)(c) or (d), a first degree felony is a second degree felony; (c) any of the following offenses is a […]
Section 301 – Specific attempt or conspiracy offense prevails.
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
Section 302 – Conviction of inchoate and principal offense or attempt and conspiracy to commit offense prohibited.
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
Section 401 – Enticing a minor — Elements — Penalties.
Effective 5/4/2022 76-4-401. Enticing a minor — Elements — Penalties. (1) As used in this section: (a) “Minor” means a person who is under the age of 18. (b) “Text messaging” means a communication in the form of electronic text or one or more electronic images sent by the actor from a telephone, computer, or […]