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NEW MEXICO STATUTES AND CODES

Section 30-28-1 - Attempt to commit a felony.

30-28-1. Attempt to commit a felony.

Attempt to commit a felony consists of an overt act in furtherance of and with intent to commit a felony and tending but failing to effect its commission.   

Whoever commits attempt to commit a felony upon conviction thereof, shall be punished as follows:   

A.     if the crime attempted is a capital or first degree felony, the person committing such attempt is guilty of a second degree felony;   

B.     if the crime attempted is a second degree felony, the person committing such attempt is guilty of a third degree felony;   

C.     if the crime attempted is a third degree felony, the person committing such attempt is guilty of a fourth degree felony; and   

D.     if the crime attempted is a fourth degree felony, the person committing such attempt is guilty of a misdemeanor.   

No person shall be sentenced for an attempt to commit a misdemeanor.   

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