October 26, 2005

Minnesota Attempt Statute

609.17 Attempts.

Subdivision 1. Crime defined. Whoever, with intent to commit
a crime,
does an act which is a substantial step toward, and more than
preparation for, the commission of the crime is guilty of an
attempt to commit that crime, and may be punished as provided in
subdivision 4.

Subd. 2. Act defined. An act may be an attempt
notwithstanding the
circumstances under which it was performed or the means employed
to commit the crime intended or the act itself were such that
the commission of the crime was not possible, unless such
impossibility would have been clearly evident to a person of
normal understanding.

Subd. 3. Defense. It is a defense to a charge of attempt
that the
crime was not committed because the accused desisted voluntarily
and in good faith and abandoned the intention to commit the

Subd. 4. Penalties. Whoever attempts to commit a crime may
sentenced as follows:

(1) If the maximum sentence provided for the crime is life
imprisonment, to not more than 20 years; or

(2) For any other attempt, to not more than one-half of the
maximum imprisonment or fine or both provided for the crime
attempted, but such maximum in any case shall not be less than
imprisonment for 90 days or a fine of $100.

Posted by jbs at 9:41 AM