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Montana · Through Montana Code Annotated 2025

45-4-103: Attempt.

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Where this section sits in the code
  1. TITLE 45. CRIMES
  2. CHAPTER 4. INCHOATE OFFENSES
  3. Part 1. Enumeration of Offenses and Extent of Liability

(1) A person commits the offense of attempt when, with the purpose to commit a specific offense, the person does any act toward the commission of the offense.

(2) It is not a defense to a charge of attempt that because of a misapprehension of the circumstances, it would have been impossible for the accused to commit the offense attempted.

(3) A person convicted of the offense of attempt shall be punished not to exceed the maximum provided for the offense attempted.

(4) A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of criminal purpose, the person avoided the commission of the offense attempted by abandoning the person's criminal effort.

(5) Proof of the completed offense does not bar conviction for the attempt.

Collected 2026-09-14T04:55:29Z. Source file · JSON

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