| (1) |
Criminal attempt to commit:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| first degree felony | 5 years to life | up to $10,000 | | class A misdemeanor | up to 364 days | up to $2,500 | | class B misdemeanor | up to 6 months | up to $1,000 | | class C misdemeanor | up to 90 days | up to $750 |
For details, see Utah Code § 76-3-203 and Utah Code § 76-3-204
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Terms Used In Utah Code 76-4-102- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
| (a) |
| (i) |
a capital felony, or a felony punishable by imprisonment for life without parole, is a first degree felony; |
| (ii) |
except as provided in Subsection (2), an attempt to commit aggravated murder, Section 76-5-202, which results in serious bodily injury, is punishable by imprisonment for an indeterminate term of not fewer than 15 years and which may be for life; |
|
| (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:
| (iii) |
except as provided in Subsection (1)(d), any of the felonies described in 4, that are first degree felonies; |
|
| (d) |
except as provided in Subsection (3), 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:
| (ii) |
object rape of a child, Section 76-5-402.3; or |
|
| (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)(a)(ii), a court finds that a lesser term than the term described in Subsection (1)(a)(ii) is in the interests of justice and the court states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:
| (a) |
10 years and which may be for life; or |
| (b) |
six years and which may be for life. |
|
| (3) |
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) |
10 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 93, 2013 General Session
