| (1) |
For purposes of this part, a person is guilty of an attempt to commit a crime if he:
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Terms Used In Utah Code 76-4-101- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (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 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 constitutes a substantial step if it strongly corroborates the actor‘s mental state as defined in Subsection (1)(b). |
| (3) |
A defense to the offense of attempt 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 if the attendant circumstances had been as the actor believed them to be. |
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Amended by Chapter 154, 2004 General Session
