CHAPTER 22-4

ATTEMPTS TO COMMIT CRIME

22-4-1    Attempt--Punishment.

22-4-2    Attempt resulting in commission of other crime.

22-4-3    Attempted first degree murder of a law enforcement officer.

22-4-1. Attempt--Punishment.

Unless specific provision is made by law, any person who attempts to commit a crime and, in the attempt, does any act toward the commission of the crime, but fails or is prevented or intercepted in the perpetration of that crime, is punishable for the attempt at a maximum sentence of one-half of the penalty prescribed for the underlying crime. Unless specific provision is made by law, any person who attempts to commit a Class A, Class B, or Class C felony is guilty of a Class 2 felony.

Source: SDC 1939, § 13.0401; SL 1972, ch 137; SL 1976, ch 158, § 4-1; SL 2005, ch 120, § 377; SL 2023, ch 67, § 1.

22-4-2. Attempt resulting in commission of other crime.

The provisions of § 22-4-1 do not protect a person who, in attempting unsuccessfully to commit a crime, commits another and different crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed.

Source: SDC 1939, § 13.0402; SL 2005, ch 120, § 378.

22-4-3. Attempted first degree murder of a law enforcement officer.

Notwithstanding § 22-4-1, attempted first degree murder, as defined by § 22-16-4, if committed against a law enforcement officer while the officer was engaged in the performance of the officer's duties, is a Class 1 felony.

Source: SL 2023, ch 67, § 2.