1. A person is guilty of criminal attempt if, acting with the kind of culpability
otherwise required for commission of a crime, he intentionally engages in conduct
which, in fact, constitutes a substantial step toward commission of the crime. A “substantial step” is any conduct which is strongly corroborative of the firmness
of the actor's intent to complete the commission of the crime. Factual or legal impossibility of committing the crime is not a defense, if the
crime could have been committed had the attendant circumstances been as the actor
believed them to be.
2. A person who engages in conduct intending to aid another to commit a crime is guilty
of criminal attempt if the conduct would establish his complicity under section 12.1-03-01 were the crime committed by the other person, even if the other is not guilty of
committing or attempting the crime, for example, because he has a defense of justification
3. Criminal attempt is an offense of the same class as the offense attempted, except
that (a) an attempt to commit a class AA felony is a class A felony and an attempt
to commit a class A felony is a class B felony; and (b) whenever it is established
by a preponderance of the evidence at sentencing that the conduct constituting the
attempt did not come dangerously close to commission of the crime, an attempt to commit
a class B felony shall be a class C felony and an attempt to commit a class C felony
shall be a class A misdemeanor.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.