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Subdivision 1.Crime defined.
Whoever, with intent to commit a crime, does an act which is a substantial step toward, and more than preparation for, the commission of the crime is guilty of an attempt to commit that crime, and may be punished as provided in subdivision 4.
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Subd. 2.Act defined.
An act may be an attempt notwithstanding the circumstances under which it was performed or the means employed to commit the crime intended or the act itself were such that the commission of the crime was not possible, unless such impossibility would have been clearly evident to a person of normal understanding.
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Subd. 3.Defense.
It is a defense to a charge of attempt that the crime was not committed because the accused desisted voluntarily and in good faith and abandoned the intention to commit the crime.
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Subd. 4.Penalties.
Whoever attempts to commit a crime may be sentenced as follows:
(1) if the maximum sentence provided for the crime is life imprisonment, to not more than 20 years; or
(2) for any other attempt, to not more than one-half of the maximum imprisonment or fine or both provided for the crime attempted, but such maximum in any case shall not be less than imprisonment for 90 days or a fine of $100.
Notes of Decisions
State of Minnesota v. Forrest Grant Noggle, 881 N.W.2d 545 (Minn. 2016).
· cites it 27× “2004) (stating that appellant was convicted of “attempted first-degree premeditated murder of [the victim], in violation of Minn. Stat. §§ 609.17 , subd. 2 and 609.185(a)(1) (2002)”); State v.”
State of Minnesota v. Diamond Lee Jamal Griffin, 887 N.W.2d 257 (Minn. 2016).
· cites it 12× “About two weeks earlier, 1 Griffin was also convicted of an attempt offense, Minn. Stat. § 609.17 (2014), in which the uncompleted offense was first-degree intentional murder, Minn.”
State v. Strommen, 648 N.W.2d 681 (Minn. 2002).
· cites it 9× “Appellant Douglas Strommen was convicted of attempted robbery in violation of Minn.Stat. §§ 609.17, subd. 1, 609.24 (2000).”
State v. Jackson, 770 N.W.2d 470 (Minn. 2009).
· cites it 20× “229 (2008), and attempted murder committed for the benefit of a gang, Minn.Stat. §§ 609.17, 609.185(a)(1), 609.”
State v. Bookwalter, 541 N.W.2d 290 (Minn. 1995).
· cites it 12× “See Minn. Stat. §§ 609.17 , 609.342, subd. 1(c), (d), (e) (1992); State v.”
State v. Jones, 556 N.W.2d 903 (Minn. 1996).
· cites it 8× “185, and attempted first-degree murder, Minn.Stat. § 609.17. The trial court sentenced appellant to life imprisonment for the murder conviction and a concurrent sentence of 180 months for the attempted murder conviction.”
Dukes v. State, 621 N.W.2d 246 (Minn. 2001).
· cites it 4× “Minn.Stat. § 609.17. This charge requires only that the state prove that a “substantial step” toward the completed crime of first-degree murder was taken for Dukes to be found guilty.”
Montanaro v. State, 802 N.W.2d 726 (Minn. 2011).
· cites it 6× “185(a)(1); Minn.Stat. § 609.17 (2010)); five counts of attempted first-degree murder for the attempted killing of a police officer (Minn.”
State v. Williams, 771 N.W.2d 514 (Minn. 2009).
· cites it 4× “1 (2008); two counts of attempted first-degree aggravated robbery in violation of Minn.Stat. §§ 609.17, 609.245, subd. *517 1 (2008); second-degree assault in violation of Minn.”
State v. Ronquist, 600 N.W.2d 444 (Minn. 1999).
· cites it 11× “1(e)(i) (1998) and Minn.Stat. § 609.17 (1998). The statutory maximum sentence for attempted criminal sexual conduct in the first-degree is 15 years imprisonment.”
Dale v. State, 535 N.W.2d 619 (Minn. 1995).
· cites it 8× “l(e)(i) (1994) and Minn.Stat. § 609.17 (1994). The trial court sentenced Dale to 52 months’ imprisonment.”
— Minn. Stat. § 609.17(1) — 1 case
— Minn. Stat. § 609.17(3) — 1 case
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