Section 564.011

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 564

Effective - 01 Jan 1979, 2 histories, see footnote   (history) 

  564.011.  Until December 31, 2016 — Attempt. — 1.  A person is guilty of attempt to commit an offense when, with the purpose of committing the offense, he does any act which is a substantial step towards the commission of the offense.  A "substantial step" is conduct which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the offense.

  2.  It is no defense to a prosecution under this section that the offense attempted was, under the actual attendant circumstances, factually or legally impossible of commission, if such offense could have been committed had the attendant circumstances been as the actor believed them to be.

  3.  Unless otherwise provided, an attempt to commit an offense is a:

  (1)  Class B felony if the offense attempted is a class A felony.

  (2)  Class C felony if the offense attempted is a class B felony.

  (3)  Class D felony if the offense attempted is a class C felony.

  (4)  Class A misdemeanor if the offense attempted is a class D felony.

  (5)  Class C misdemeanor if the offense attempted is a misdemeanor of any degree.

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(L. 1977 S.B. 60)

Effective 1-01-79

Transferred 2014; now 562.012; Effective 1-01-17