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5 This act modifies the Criminal Code to provide that the offense of attempting to commit
6 certain listed first degree felonies is also a first degree felony, and that the indeterminate
7 term for these attempted first degree felonies is not less than three years, but may be for life.
8 This act affects sections of Utah Code Annotated 1953 as follows:
10 76-4-102, as last amended by Chapter 40, Laws of Utah 1996
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 76-4-102 is amended to read:
13 76-4-102. Attempt -- Classification of offenses.
14 Criminal attempt to commit:
15 (1) a capital felony is a first degree felony;
16 (2) a first degree felony is a second degree felony[
19 first degree felony punishable by imprisonment for an indeterminate term of not [
20 three years and which may be for life[
21 (a) murder, a violation of Subsection 76-5-203 (2)(a), if the victim or another suffers
22 serious bodily injury in the course of the actor's commission of the offense;
23 (b) child kidnapping, a violation of Section 76-5-301.1 ; or
24 (c) any of the felonies described in Title 76, Chapter 5, Part 4, Sexual Offenses, that are
25 first degree felonies;
26 (3) a second degree felony is a third degree felony;
27 (4) a third degree felony is a class A misdemeanor;
28 (5) a class A misdemeanor is a class B misdemeanor;
29 (6) a class B misdemeanor is a class C misdemeanor; and
30 (7) a class C misdemeanor is punishable by a penalty not exceeding one half the penalty
31 for a class C misdemeanor.
Legislative Review Note
as of 11-7-01 12:24 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
The Judiciary Interim Committee recommended this bill.
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