76-4-102.   Attempt -- Classification of offenses.
     (1) Criminal attempt 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 first degree felony punishable by imprisonment for an indeterminate term of not fewer than three years and which may be for life:
     (i) murder, Subsection 76-5-203(2)(a);
     (ii) child kidnapping, Section 76-5-301.1; or
     (iii) except as provided in Subsection (1)(d), any of the felonies described in Title 76, Chapter 5, Part 4, Sexual Offenses, that are first degree felonies;
     (d) except as provided in Subsection (2), any of the following offenses is a first degree felony, punishable by a term of imprisonment of not less than 15 years and which may be for life:
     (i) rape of a child, Section 76-5-402.1;
     (ii) object rape of a child, Section 76-5-402.3; or
     (iii) sodomy on a child, Section 76-5-403.1;
     (e) a second degree felony is a third degree felony;
     (f) a third degree felony is a class A misdemeanor;
     (g) a class A misdemeanor is a class B misdemeanor;
     (h) a class B misdemeanor is a class C misdemeanor; and
     (i) 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)(d), a court finds that a lesser term than the term described in Subsection (1)(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:
     (a) ten 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 12, 2008 General Session
Amended by Chapter 179, 2008 General Session
Download Code Section Zipped WordPerfect 76_04_010200.ZIP 3,029 Bytes

Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page

Last revised: Thursday, May 28, 2009