§ 18-2-101 — Criminal attempt

(1) A person commits criminal attempt if, acting
with the kind of culpability otherwise required for commission of an offense, he
engages in conduct constituting a substantial step toward the commission of the
offense. A substantial step is any conduct, whether act, omission, or possession,
which is strongly corroborative of the firmness of the actor's purpose to complete
the commission of the offense. Factual or legal impossibility of committing the
offense is not a defense if the offense could have been committed had the
attendant circumstances been as the actor believed them to be, nor is it a defense
that the crime attempted was actually perpetrated by the accused.

(2) A person who engages in conduct intending to aid another to commit an
offense commits criminal attempt if the conduct would establish his complicity
under section 18-1-603 were the offense committed by the other person, even if the
other is not guilty of committing or attempting the offense.

(3) It is an affirmative defense to a charge under this section that the
defendant abandoned his effort to commit the crime or otherwise prevented its
commission, under circumstances manifesting the complete and voluntary
renunciation of his criminal intent.

(3.5) Criminal attempt to commit any crime for which a court is required to
sentence a defendant for a crime of violence in accordance with section 18-1.3-406
is itself a crime of violence for the purposes of that section.

(4) Criminal attempt to commit a class 1 felony is a class 2 felony; criminal
attempt to commit a class 2 felony is a class 3 felony; criminal attempt to commit a
class 3 felony is a class 4 felony; criminal attempt to commit a class 4 felony is a
class 5 felony; criminal attempt to commit a class 5 or 6 felony is a class 6 felony.

(5) Criminal attempt to commit a felony which is defined by any statute other
than one contained in this title and for which no penalty is specifically provided is a
class 6 felony.

(6) Criminal attempt to commit a class 1 misdemeanor or class 2
misdemeanor is a class 2 misdemeanor.

(7) Repealed.

(8) Criminal attempt to commit a petty offense is a crime of the same class
as the offense itself.

(9) The provisions of subsections (4) to (8) of this section shall not apply to a
person who commits criminal attempt to escape. A person who commits criminal
attempt to escape shall be punished as provided in section 18-8-208.1.

(10) (a) Except as otherwise provided by law, criminal attempt to commit a
level 1 drug felony is a level 2 drug felony; criminal attempt to commit a level 2 drug
felony is a level 3 drug felony; criminal attempt to commit a level 3 drug felony is a
level 4 drug felony; and criminal attempt to commit a level 4 drug felony is a level 4
drug felony.

(b) Except as otherwise provided by law, criminal attempt to commit a level 1
drug misdemeanor is a level 2 drug misdemeanor; and criminal attempt to commit a
level 2 drug misdemeanor is a level 2 drug misdemeanor.

Legislative History

Source: L. 71: R&RE, p. 414, � 1. C.R.S. 1963: � 40-2-101. L. 75: (4) to (7) amended and (8) added, p. 617, � 3, effective July 21. L. 76, Ex. Sess.: (9) added, p. 10, � 2, effective September 18. L. 77: (1) amended, p. 960, � 4, effective July 1. L. 89, 1st Ex. Sess.: (4) and (5) amended, p. 21, � 11, effective July 1. L. 95: (3.5) added, p. 1250, � 4, effective July 1. L. 2002: (3.5) amended, p. 1511, � 182, effective October 1. L. 2013: (10) added, (SB 13-250), ch. 333, p. 1942, � 66, effective October 1. L. 2014: (10) amended, (SB 14-163), ch. 391, p. 1975, � 14, effective July 1. L. 2021: (6) amended, (SB 21-271), ch. 462, p. 3172, � 190, effective March 1, 2022; (7)(b) added by revision, (SB 21-271), ch. 462, pp. 3172, 3331, �� 190, 803.