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Attempt in Oklahoma Criminal Law

Oklahoma's Criminal Attempt Statute

The Oklahoma criminal Attempt statute can be found at Oklahoma Statute Title 21 O.S. Section 44 and reads as follows:

Attempt Defined

A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he:

(a) purposely engages in conduct which would constitute the crime if the attendant circumstances were as he believes them to be; or,

(b) when causing a particular result in an element of the crime, does anything with the purpose of causing or with the belief that it will cause such result, without further conduct on his part.

The punishment for criminal attempt in Oklahoma is dependent upon th ecrime that the individual attempts to commit. The statute prescribing the punishmnet for attempt can be found at Oklahoma Statute Title 21 Section 42 which reads as follows:

Punishment for Attempt.

Every person who attempts to commit any crime, and in such attempt does any act toward the commission of such crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempt, as follows:

1. If the offense so attempted be punishable by imprisonment in the penitentiary for four (4) years or more, or by imprisonment in a county jail, the person guilty of such attempt is punishable by imprisonment in the penitentiary, or in a county jail, as the case may be, for a term not exceeding one-half (1/2) the longest term of imprisonment prescribed upon a conviction for the offense so attempted

2. If the offense so attempted be punishable by imprisonment in the penitentiary for any time less than four (4) years, the person guilty of such attempt is punishable by imprisonment in a county jail for not more than one (1) year.

3. If the offense so attempted be punishable by a fine, the offender convicted of such attempt is punishable by a fine not exceeding one-half ( 1/2 ) the largest fine which may be imposed upon a conviction of the offense so attempted.

4. If the offense so attempted be punishable by imprisonment and by a fine, the offender convicted of such attempt may be punished by both imprisonment and fine, not exceeding one-half ( 1/2 ) the longest term of imprisonment and the fine not exceeding one-half ( 1/2 ) the largest fine which may be imposed upon a conviction for the offense so attempted.

In order to convict someone of an attempt the state must prove:

“This Court has long interpreted this statute as requiring three elements: the intent to commit the crime; the performance of some act toward its commission (commonly called the commission of some overt act); and the failure to complete or consummate the crime. Dunbar v. State, 75 Okla.Cr. 275, 131 P.2d 116, 122 (1942). It is equally settled that the overt act must be more than mere preparation or planning the crime. ‘It must be such act or acts as will apparently result, in the usual and natural course of events, if not hindered by extraneous causes, in the commission of the crime itself.’ Id.” Id. at ¶ 10.

See Rosteck v. State, 1988 OK CR 11, 749 P.2d 556.

Attempt is a Non-85% crime

Return to the Oklahoma Criminal Law Guide

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