40.250. Attempt to commit offense even though failing in commission is offense, when. - Missouri Statutes

Attempt to commit offense even though failing in commission isoffense, when.

40.250. 1. An act, done with specific intent to commit anoffense under sections 40.005 to 40.490, amounting to more thanmere preparation and tending, even though failing, to effect itscommission, is an attempt to commit that offense.

2. Any person subject to sections 40.005 to 40.490 whoattempts to commit any offense punishable by sections 40.005 to40.490 shall be punished as a court-martial may direct, unlessotherwise specifically prescribed.

3. Any person subject to sections 40.005 to 40.490 may beconvicted of an attempt to commit an offense although it appearson the trial that the offense was consummated.

(L. 1984 H.B. 1035 § 81)