New York State - Penal - PEN - Part 3 - Title G - Article 110
ARTICLE 110 ATTEMPT
Section 110.00 Attempt to commit a crime.
110.05 Attempt to commit a crime; punishment.
110.10 Attempt to commit a crime; no defense.
§ 110.00 Attempt to commit a crime.
A person is guilty of an attempt to commit a crime when, with intent to commit a crime, he engages in conduct which tends to effect the commission of such crime.
§ 110.05 Attempt to commit a crime; punishment.
An attempt to commit a crime is a:
1. Class A-I felony when the crime attempted is the A-I felony of murder in the first degree, aggravated murder as defined in subdivision one of section 125.26 of this chapter, criminal possession of a controlled substance in the first degree, criminal sale of a controlled substance in the first degree, criminal possession of a chemical or biological weapon in the first degree or criminal use of a chemical or biological weapon in the first degree;
2. Class A-II felony when the crime attempted is a class A-II felony;
3. Class B felony when the crime attempted is a class A-I felony except as provided in subdivision one hereof;
4. Class C felony when the crime attempted is a class B felony;
5. Class D felony when the crime attempted is a class C felony;
6. Class E felony when the crime attempted is a class D felony;
7. Class A misdemeanor when the crime attempted is a class E felony;
8. Class B misdemeanor when the crime attempted is a misdemeanor;
9. Class D felony when the crime attempted is bribery in the third degree as defined in section 200.00 of this chapter, a class C felony when the crime attempted is bribery in the second degree as defined in section 200.03 of this chapter and a class B felony when the crime attempted is bribery in the first degree as defined in subdivision two of section 200.04 of this chapter.
§ 110.10 Attempt to commit a crime; no defense.
If the conduct in which a person engages otherwise constitutes an attempt to commit a crime pursuant to section 110.00, it is no defense to a prosecution for 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.
Section 110.00 Attempt to commit a crime.
110.05 Attempt to commit a crime; punishment.
110.10 Attempt to commit a crime; no defense.
§ 110.00 Attempt to commit a crime.
A person is guilty of an attempt to commit a crime when, with intent to commit a crime, he engages in conduct which tends to effect the commission of such crime.
§ 110.05 Attempt to commit a crime; punishment.
An attempt to commit a crime is a:
1. Class A-I felony when the crime attempted is the A-I felony of murder in the first degree, aggravated murder as defined in subdivision one of section 125.26 of this chapter, criminal possession of a controlled substance in the first degree, criminal sale of a controlled substance in the first degree, criminal possession of a chemical or biological weapon in the first degree or criminal use of a chemical or biological weapon in the first degree;
2. Class A-II felony when the crime attempted is a class A-II felony;
3. Class B felony when the crime attempted is a class A-I felony except as provided in subdivision one hereof;
4. Class C felony when the crime attempted is a class B felony;
5. Class D felony when the crime attempted is a class C felony;
6. Class E felony when the crime attempted is a class D felony;
7. Class A misdemeanor when the crime attempted is a class E felony;
8. Class B misdemeanor when the crime attempted is a misdemeanor;
9. Class D felony when the crime attempted is bribery in the third degree as defined in section 200.00 of this chapter, a class C felony when the crime attempted is bribery in the second degree as defined in section 200.03 of this chapter and a class B felony when the crime attempted is bribery in the first degree as defined in subdivision two of section 200.04 of this chapter.
§ 110.10 Attempt to commit a crime; no defense.
If the conduct in which a person engages otherwise constitutes an attempt to commit a crime pursuant to section 110.00, it is no defense to a prosecution for 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.
