S.B. 143

1

CRIMINAL OFFENSE ATTEMPT AMENDMENTS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David L. Gladwell
5
6 LONG TITLE
7 General Description:
8 This bill clarifies the elements of an attempt to commit an offense.
9 Highlighted Provisions:
10 This bill:
11 . clarifies that an attempt to commit a crime includes situations where the defendant
12 is aware that his actions are reasonably certain to cause a result that is an element of
13 the offense; and
14 . clarifies that a defendant's conduct constitutes a substantial step toward committing
15 a crime if the conduct strongly corroborates the defendant's awareness of his actions
16 as described above.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 76-4-101, as enacted by Chapter 196, Laws of Utah 1973
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 76-4-101 is amended to read:
27 76-4-101. Attempt -- Elements of offense.

28 (1) For purposes of this part, a person is guilty of an attempt to commit a crime if[,
29 acting with the kind of culpability otherwise required for the commission of the offense,] he:
30 (a) engages in conduct constituting a substantial step toward commission of [the
31 offense.] the crime; and
32 (b) (i) intends to commit the crime; or
33 (ii) when causing a particular result is an element of the crime, he acts with an
34 awareness that his conduct is reasonably certain to cause that result.
35 (2) For purposes of this part, conduct [does not constitute] constitutes a substantial step
36 [unless it is strongly corroborative of] if it strongly corroborates the actor's [intent to commit
37 the offense] mental state as defined in Subsection (1)(b).
38 (3) [No] A defense to the offense of attempt [shall] does not arise:
39 (a) because the offense attempted was actually committed; or
40 (b) due to factual or legal impossibility if the offense could have been committed [had]
41 if the attendant circumstances had been as the actor believed them to be.




Legislative Review Note
as of 1-26-04 12:31 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel