Skip to main content
Loading…
This section is included in your selections.

(a) A person commits criminal attempt if, acting with the kind of culpability otherwise required for commission of a violation of this Code, he or she engages in conduct constituting a substantial step toward the commission of the violation. A substantial step is any conduct, whether act, omission or possession, which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the violation. Factual or legal impossibility of committing the violation is not a defense if the offense could have been committed had the attendant circumstances been as the actor believed them to be, nor is it a defense that the crime attempted was actually perpetrated by the accused.

(b) A person who engages in conduct intending to aid another to commit a violation commits criminal attempt if the conduct would establish his or her complicity under section 94-4 were the violation committed by the other person, even if the other is not guilty of committing or attempting the violation.

(c) It is an affirmative defense to a charge under this section that the defendant abandoned his or her effort to commit the crime or otherwise prevented its commission, under circumstances manifesting the complete and voluntary renunciation of his or her criminal intent.

(d) Attempted violation under this section is a lesser included violation of every violation of this chapter. (Code 1979, § 27-4)