THE MICHIGAN PENAL CODE
Act 328 of 1931
750.92 Attempt to commit crime.
Sec. 92.
Attempt to commit crime—Any person who shall attempt to commit an offense prohibited by law, and in such attempt shall do any act towards the commission of such offense, but shall fail in the perpetration, or shall be intercepted or prevented in the execution of the same, when no express provision is made by law for the punishment of such attempt, shall be punished as follows:
1. If the offense attempted to be committed is such as is punishable with death, the person convicted of such attempt shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years;
2. If the offense so attempted to be committed is punishable by imprisonment in the state prison for life, or for 5 years or more, the person convicted of such attempt shall be guilty of a felony, punishable by imprisonment in the state prison not more than 5 years or in the county jail not more than 1 year;
3. If the offense so attempted to be committed is punishable by imprisonment in the state prison for a term less than 5 years, or imprisonment in the county jail or by fine, the offender convicted of such attempt shall be guilty of a misdemeanor, punishable by imprisonment in the state prison or reformatory not more than 2 years or in any county jail not more than 1 year or by a fine not to exceed 1,000 dollars; but in no case shall the imprisonment exceed 1/2 of the greatest punishment which might have been inflicted if the offense so attempted had been committed.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.92
FormerLaw Notes:
See section 14 of Chapter IX of Act 175 of 1927, being CL 1929, § 17342.
Notes of Decisions
Cited in
448
cases (
36 in the last 5 years), 1950–2026 · leading case:
People v. Thousand, 631 N.W.2d 694 (Mich. 2001).
People v. Thousand, 631 N.W.2d 694 (Mich. 2001).
· cites it 20× “MCL 750.92 provides, in relevant part: Any person who shall attempt to commit an offense prohibited by law, and in such attempt shall do any act towards the commission of such offense, but shall fail in the perpetration, or shall be intercepted or prevented in the execution of…”
People v. Sanford, 265 N.W.2d 1 (Mich. 1978).
· cites it 8× “798 and MCLA 750.92; MSA 28.287 is an identical offense with a five-year maximum sentence.”
People v. Smith, 378 N.W.2d 384 (Mich. 1985).
· cites it 8× “The statute proscribing attempted arson, MCL 750.92; MSA 28.287, provides that the offense is a misdemeanor punishable by a maximum of two years in the state prison.”
People v. Reuther, 309 N.W.2d 256 (Mich. Ct. App. 1981).
· cites it 10× “15(7401), MCL 750.92; MSA 28.287. On May 5, 1980, defendant was sentenced to serve six months in jail, fined $250, placed on probation for five years, and ordered to pay $1,250 in costs.”
People v. Cervi, 717 N.W.2d 356 (Mich. Ct. App. 2006).
· cites it 6× “” Defendant refers to MCL 750.92, the general attempt statute, which requires both that the defendant specifically intended to commit the underlying crime and that defendant took some action in furtherance of the underlying crime.”
People v. Bernard Smith, 266 N.W.2d 40 (Mich. Ct. App. 1978).
· cites it 8× “Defendant contends that his convictions for attempted unlawful driving away of an automobile and attempted larceny in a building are misdemeanors, pursuant to MCLA 750.92; MSA 28.287, and are therefore barred from being used for impeachment purposes by Renno, supra .”
People v. Meyers, 649 N.W.2d 123 (Mich. Ct. App. 2002).
· cites it 5× “Though the Supreme Court explained in detail the separate theories of pure legal impossibility, hybrid legal impossibility, and factual impossibility, 35 it focused primarily on the language of MCL 750.92, a general criminal attempt statute, in determining whether the…”
People v. Page, 252 N.W.2d 239 (Mich. Ct. App. 1977).
· cites it 10× “305, and MCLA 750.92; MSA 28.287, must be reversed.”
People v. Kissner, 808 N.W.2d 522 (Mich. Ct. App. 2011).
· cites it 4× “483a(6)(a), and attempted obstruction of justice, MCL 750.92; MCL 750.505. Because sufficient evidence supports defendant’s convictions and the trial court admitted no evidence in violation of either MCR 6.”
People v. Jaworski, 181 N.W.2d 811 (Mich. Ct. App. 1970).
· cites it 8× “At his arraignment on August 14, 1969 the defendant, while represented by counsel, stood mute, and the court then entered a plea of not guilty, as required by statute, MCLA § 767.”
People v. Lucey, 787 N.W.2d 133 (Mich. Ct. App. 2010).
· cites it 3× “1 Defendant apparently pleaded guilty to a charge of attempted third-degree fleeing and eluding under the general attempt statute, MCL 750.92. The information and judgment of sentence cites the underlying offense as MCL 257.”
People v. Harper, 739 N.W.2d 523 (Mich. 2007).
· cites it 2× “110; MCL 750.92. It is undisputed that the guidelines range for his minimum sentence was zero to 11 months.”
— Mich. Comp. Laws § 750.92(2) — 11 cases
— Mich. Comp. Laws § 750.92(3) — 20 cases
People v. Smith, 378 N.W.2d 384 (Mich. 1985).
“The statute proscribing attempted arson, MCL 750.92; MSA 28.287, provides that the offense is a misdemeanor punishable by a maximum of two years in the state prison.”
People v. Lucey, 787 N.W.2d 133 (Mich. Ct. App. 2010).
“1 Defendant apparently pleaded guilty to a charge of attempted third-degree fleeing and eluding under the general attempt statute, MCL 750.92. The information and judgment of sentence cites the underlying offense as MCL 257.”
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