2006 Ohio Revised Code - 2923.02. Attempt.
(A) No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, shall engage in conduct that, if successful, would constitute or result in the offense.
(B) It is no defense to a charge under this section that, in retrospect, commission of the offense that was the object of the attempt was either factually or legally impossible under the attendant circumstances, if that offense could have been committed had the attendant circumstances been as the actor believed them to be.
(C) No person who is convicted of committing a specific offense, of complicity in the commission of an offense, or of conspiracy to commit an offense shall be convicted of an attempt to commit the same offense in violation of this section.
(D) It is an affirmative defense to a charge under this section that the actor abandoned the actor's effort to commit the offense or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of the actor's criminal purpose.
(E) Whoever violates this section is guilty of an attempt to commit an offense. An attempt to commit aggravated murder, murder, or an offense for which the maximum penalty is imprisonment for life is a felony of the first degree. An attempt to commit a drug abuse offense for which the penalty is determined by the amount or number of unit doses of the controlled substance involved in the drug abuse offense is an offense of the same degree as the drug abuse offense attempted would be if that drug abuse offense had been committed and had involved an amount or number of unit doses of the controlled substance that is within the next lower range of controlled substance amounts than was involved in the attempt. An attempt to commit any other offense is an offense of the next lesser degree than the offense attempted. In the case of an attempt to commit an offense other than a violation of Chapter 3734. of the Revised Code that is not specifically classified, an attempt is a misdemeanor of the first degree if the offense attempted is a felony, and a misdemeanor of the fourth degree if the offense attempted is a misdemeanor. In the case of an attempt to commit a violation of any provision of Chapter 3734. of the Revised Code, other than section 3734.18 of the Revised Code, that relates to hazardous wastes, an attempt is a felony punishable by a fine of not more than twenty-five thousand dollars or imprisonment for not more than eighteen months, or both. An attempt to commit a minor misdemeanor, or to engage in conspiracy, is not an offense under this section.
(F) As used in this section, "drug abuse offense" has the same meaning as in
section 2925.01 of the Revised Code.
HISTORY: 134 v H 511 (Eff 1-1-74); 140 v S 210 (Eff 7-1-83); 140 v H 651 (Eff 10-1-84); 144 v H 225 (Eff 10-23-91); 146 v S 2 (Eff 7-1-96); 148 v S 107. Eff 3-23-2000.
Not analogous to former RC § 2923.02 (GC §§ 12819-1, 12819-2; 102 v 124; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.
19xx Committee Report or Comment.
1974 Committee Comment to H 511
This section is a general attempt statute which consolidates several specific attempt provisions in former law, and, with three exceptions, establishes an attempt to commit any offense as an offense in itself. The exceptions are an attempt to commit conspiracy, an attempt to commit a minor misdemeanor, and an attempt to commit any offense which in itself is defined as an attempt - in these cases, attempt is not an offense.
Under the section, an attempt must be purposely or knowingly committed. If the offense attempted specifies that purpose is the culpable mental state required for its commission, then the attempt must be purposeful. Purposely or knowingly attempting to commit a crime is sufficient to make the attempt an offense if the crime attempted requires knowledge, recklessness, or negligence for its commission.
In order to prove an attempt to commit an offense, it must be shown that particular conduct directed toward commission of the offense took place and that such conduct, if successful, would constitute or result in the offense. The fact that hindsight shows that it would have been impossible to commit the offense under the circumstances is no defense. Thus, if the gun has a broken firing pin and misfires, this is no defense to a charges of attempted murder.
When a person quits his efforts to commit an offense, or otherwise prevents its commission, under circumstances showing that he completely and voluntarily gives up his criminal purpose, then he is not guilty of an attempt. Also, a person cannot be convicted of an attempt to commit an offense if he is convicted of a conspiracy to commit it, or is convicted of its actual commission or complicity in its actual commission.
An attempt to commit murder is a first degree felony. An attempt to commit any other offense is a crime of the next lesser degree than the offense attempted. For example, an attempt to commit a first degree misdemeanor is itself a second degree misdemeanor. In the case of unclassified offenses (those offenses whose penalties do not follow the penalty scheme in the new criminal code), an attempted felony is a first degree misdemeanor, and an attempted misdemeanor is a fourth degree misdemeanor.
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