KRS 35.450: Attempts.

(1) An act, done with specific intent to commit an offense under this code, amounting

to more than mere preparation and tending, even though failing, to effect its

commission, is an attempt to commit that offense.

(2) Any person subject to this code who attemp ts to commit any offense punishable by

this code shall be punished as a court -martial may direct, unless otherwise

specifically prescribed.

(3) Any person subject to this code may be convicted of an attempt to commit an

offense although it appears on the trial that the offense was consummated.