2011 New Mexico Statutes
Chapter 30: Criminal Offenses
Article 28: Initiatory Crimes, 30-28-1 through 30-28-3
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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