21-3301. Attempt.
21-3301
21-3301. Attempt.(a) An attempt is any overt act toward the perpetration of a crime doneby a person who intends to commit such crime but fails in theperpetration thereof or is prevented or intercepted in executing suchcrime.
(b) It shall not be a defense to a charge of attempt that thecircumstances under which the act was performed or the means employed orthe act itself were such that the commission of the crime was notpossible.
(c) An attempt to commit an off-grid felony shall be ranked at nondrugseverity level 1. An attempt to commit any other nondrug felony shall be rankedon the nondrug scale at two severity levels below the appropriate level for theunderlying or completed crime. The lowest severity level for an attempt tocommit a nondrug felony shall be level 10.The provisions of thissubsection shall not apply to a violation of attempting to commit the crime ofterrorism pursuant to K.S.A. 21-3449, and amendments thereto, or ofillegal use ofweapons of mass destruction pursuant to K.S.A. 21-3450, andamendments thereto.
(d) An attempt to commit a felony which prescribes a sentence on the druggrid shall reduce the prison term prescribed in the drug grid block for anunderlying or completed crime by six months.
(e) An attempt to commit a class A person misdemeanor is a class Bperson misdemeanor. An attempt to commit a class A nonperson misdemeanoris a class B nonperson misdemeanor.
(f) An attempt to commit a class B or C misdemeanor is aclass C misdemeanor.
History: L. 1969, ch. 180, § 21-3301;L. 1981, ch. 143, § 1;L. 1983, ch. 108, § 8;L. 1989, ch. 92, § 18;L. 1992, ch. 239, § 34;L. 1993, ch. 291, § 277;L. 2006, ch. 146, § 5; July 1.