Ordinance 466A-77 - Laserfiche WebLink

Section 38 Criminal Attempt 1. A person is guilty of an attempt to commit a crime if, with intent to commit a specific crime, he does any act: a. which is a substantial step toward the commission of that crime; and b. which strongly corroborates his intent to commit that crime. 2. If the conduct in which a person engages otherwise con- stitutes an attempt to commit a crime, it is no defense to a prosecution of such attempt that the crime charged to have been attempted was , under the attendant circumstances , factually or legally impossible of commission, if such crime could have been committed had the attendant circumstances been as such person believed them to be. 3. When the actor's conduct would otherwise constitute a criminal attempt under this section, it is an affirmative defense that under circumstances manifesting a complete and voluntary renunciation of his criminal intent, he: a. abandoned his effort to commit the crime, or b. prevented the commission of the crime. 4. A person may not be convicted on the basis of the same course of conduct of both an attempt to commit an offense and either complicity in or the commission of that offense . 5. This section 38 shall not apply to liability for the conduct of another as defined in Section 14. 6. Attempt is a: a. Class A offense if the offense attempted is a Class A offense. b. Class $ offense if the offense attempted is a Class B offense. c. Violation if the conduct attempted is a violation.