TITLE 31. CRIMES AND PUNISHMENTS

CHAPTER 1.
CRIMINAL CODE

PART I - GENERAL PROVISIONS

§ 105. Attempts.

(1) Except as provided in Subsection (2) of this Section, every person who unlawfully attempts to commit any of the crimes named in this Chapter, including each crime referred to in Part IV other than a simple assault, or in any other Chapter of this Revised Code, which attempt shall fall short of actual commission of the crime itself, shall be guilty of attempt to commit the said crime, and where no separate provision is made by law for punishment upon conviction of such attempt, a person so convicted shall be punished by imprisonment for a term not exceeding one-half (1/2) of the maximum term of imprisonment which may lawfully be imposed upon conviction for commission of the offense attempted, or by a fine in an amount not exceeding one-half (1/2) of the fine which may lawfully be imposed upon conviction for commission of the offense attempted, or by both such fine and imprisonment.

(2) Every person who shall unlawfully attempt to commit murder; which attempt shall fall short of actual commission of the crime itself, shall be guilty of attempted murder, and shall be sentenced as follows :

(a) for attempted murder in the first degree, imprisonment for a term of thirty (30) years ; and
(b) for attempted murder in the second degree, imprisonment for a term of not less than thirty (30) months no more than thirty (30) years. [TTC 1966, § 431; 11 TTC 1970, § 4 ; COM P.L. 6-107, § 1 (1976) ;

Article 25
Individual criminal responsibility
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.