{"data":{"id":"us-nm/30-28-1","jurisdiction":"us-nm","citation":"30-28-1","heading":"Attempt to commit a felony.","body":"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.\nWhoever commits attempt to commit a felony, upon conviction thereof, shall be punished as follows:\nA. if the crime attempted is a capital or first degree felony, the person committing such attempt is guilty of a second degree felony;\nB. if the crime attempted is a second degree felony, the person committing such attempt is guilty of a third degree felony;\nC. 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;\nD. if the crime attempted is a third degree felony, the person committing such attempt is guilty of a fourth degree felony; and\nE. if the crime attempted is a fourth degree felony, the person committing such attempt is guilty of a misdemeanor.\nNo person shall be sentenced for an attempt to commit a misdemeanor.","path":["Chapter 30 - Criminal Offenses","ARTICLE 28 Initiatory Crimes"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18530/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"903ab633f709b72bb697598c5359dc25692b0e3802db5b19929611f4bdf97d36","source_id":"us-nm","stale":false,"prev":"us-nm/30-27-5","next":"us-nm/30-28-2"},"notice":"GroundRules: Original legal text. Not legal advice."}