New Mexico § 30-28-1 Attempt to commit a felony

New Mexico Statutes

§ 30-28-1 — Attempt to commit a felony

New Mexico § 30-28-1

Ch. 30Criminal Offenses

Art. 28Initiatory Crimes

This text of New Mexico § 30-28-1 (Attempt to commit a felony) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 30-28-1 (2026).

Text

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 murder in the second degree, the person committing the attempted murder is guilty of a third degree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, the basic sentence of imprisonment is nine years; D. if the crime attempted is a thi

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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 murder in the second degree, the person committing the attempted murder is guilty of a third degree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, the basic sentence of imprisonment is nine years; D. if the crime attempted is a third degree felony, the person committing such attempt is guilty of a fourth degree felony; and E. 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.