A person can be found guilty of a crime even if they did not finish committing it. If someone takes a big step toward doing a crime on purpose, that is enough to be charged. It does not matter if the crime was actually impossible to finish — if the person believed it could happen, they can still be charged. The punishment for attempting a crime is one level lower than for actually doing it.
562.012. Attempt — guilt for an may be based on. — 1. Guilt for an offense may be based upon an attempt to commit an offense if, with the purpose of committing the offense, a person performs any act which is a towards the . A "substantial step" is conduct which is strongly of the firmness of the 's purpose to complete the commission of the offense.
2. It is no to a that the offense attempted was, under the actual , factually or legally impossible of , if such offense could have been committed had the attendant circumstances been as the actor believed them to be.
3. Unless otherwise set forth in the creating the offense, when guilt for a or is based upon an attempt to commit that offense, the felony or misdemeanor shall be classified one step lower than the class provided for the felony or misdemeanor in the statute creating the offense.
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Source & history notes
(L. 1977 S.B. 60, A.L. 2014 S.B. 491) Transferred 2014; formerly 564.011; Effective 1-01-17
Related Missouri laws
Voluntary act
RSMo 562.011
Conspiracy, offense of
RSMo 562.014
Culpable mental state
RSMo 562.016
Culpable mental state, application
RSMo 562.021
Culpable mental state, when not required
RSMo 562.026
Ignorance and mistake
RSMo 562.031
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.