26.09.010 Criminal Attempt

A person is guilty of criminal attempt and shall be charged the same of the completed crime, if, acting with the kind of culpability otherwise required for commission of a crime, he/she intentionally engages in conduct which, in fact, constitutes a substantial step toward the commission of the crime.

(a) Factual or legal impossibility of committing the crime is not a defense, if the crime could have been committed, had the related circumstances been as the person believed them to be.

(b) A person who engages in conduct intending to aid Another to commit a crime is guilty of criminal attempt if the conduct would establish his complicity under Section 26.09.040 were the crime committed by the other person, even if the other is not guilty of committing or attempting the crime; for example, because he/she has a defense of justification or entrapment.