N.M. Stat. § 30-28-1

Current through 2021 SP2 ch. 6, and 2021 ch. 140
Section 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.

NMS § 30-28-1

1953 Comp., § 40A-28-1, enacted by Laws 1963, ch. 303, § 28-1.