S.B. 143 Enrolled

CRIMINAL OFFENSE ATTEMPT AMENDMENTS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: David L. Gladwell

LONG TITLE
General Description:
This bill clarifies the elements of an attempt to commit an offense.
Highlighted Provisions:
This bill:
. clarifies that an attempt to commit a crime includes situations where the defendant is
aware that his actions are reasonably certain to cause a result that is an element of
the offense; and
. clarifies that a defendant's conduct constitutes a substantial step toward committing
a crime if the conduct strongly corroborates the defendant's awareness of his actions
as described above.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-4-101, as enacted by Chapter 196, Laws of Utah 1973

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-4-101 is amended to read:
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[,
acting with the kind of culpability otherwise required for the commission of the offense,] he:

(a) engages in conduct constituting a substantial step toward commission of [the offense.]
the crime; and
(b) (i) intends to commit the crime; or
(ii) when 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 [does not constitute] constitutes a substantial step
[unless it is strongly corroborative of] if it strongly corroborates the actor's [intent to commit the
offense] mental state as defined in Subsection (1)(b).
(3) [No] A defense to the offense of attempt [shall] does not arise:
(a) because the offense attempted was actually committed; or
(b) due to factual or legal impossibility if the offense could have been committed [had] if
the attendant circumstances had been as the actor believed them to be.

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