An “attempt” to commit an offense is the most common “inchoate” (or incomplete) crime. Solicitation and conspiracy are also considered inchoate crimes.
In cases involving attempt, solicitation, or conspiracy, criminal penalties can apply even if the intended offense is not carried out or completed. Solicitation and conspiracy differ from an attempt in that both can be charged based solely on plans or requests to commit an offense. In contrast, an attempt requires taking action toward the actual commission of the intended act.
A criminal attempt in Utah involves two key elements. First, the individual must have the specific intent to carry out the act. Second, they must take a “substantial step” toward the actual commission. A step is considered to be substantial if it is strongly corroborative of the actors intent to commit the underlying crime.
Depending on the circumstances, the penalties for an inchoate crime can be almost or equally as serious as completion of the underlying crime. For example, both murder and attempted murder can be charged as first-degree felonies.
(NOTE: This is an area of developing law in Utah. As of 2022, the Utah Court of Appeals has issued an opinion that significantly expands the range of conduct that can support an attempt charge. Consultation with an experienced attorney is strongly advised.)