Sec. 26.05.705. Attempts.

123 words·~1 min read·/ak/title-26/chapter-5/26-05-705

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)An act done with specific intent to commit an offense under this chapter that amounts to more than mere preparation and tends, even though failing, to effect its commission, is an attempt to commit the offense.

(b)A member of the militia who attempts to commit an offense under this chapter may be punished as a court-martial may direct, unless otherwise specifically prescribed. However, a court-martial may not direct a punishment for an attempt to commit an offense that is greater than the maximum punishment for the offense.

(c)A member of the militia may be convicted of an attempt to commit an offense under this chapter even if it appears, at the trial, that the offense was consummated.