Section 30-28-1 - [Effective Until ninety days after adjournment] Attempt to commit a felonyAttempt 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; andD. 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.
1953 Comp., § 40A-28-1, enacted by Laws 1963, ch. 303, § 28-1.This section is set out more than once due to postponed, multiple, or conflicting amendments.