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North Dakota Code 12.1-06-01 - Criminal attempt

North Dakota Code > Title 12.1 > Chapter 12.1-06 > § 12.1-06-01 - Criminal attempt


Current as of: 2009

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 or entrapment.

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.

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Questions & Answers: Inchoate Crimes

Would a man charged with abuse of a family member (his wife) have any right to get alimony from her in the divorce decree? What if he was convicted?...

See also:

North Dakota Code > Chapter 12.1-06 - Criminal Attempt - Facilitation - Solicitation - Conspiracy

U.S. Code Provisions: Inchoate Crimes

U.S. Code Title 18 > Part I > Chapter 19 - Conspiracy
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