Mississippi Code
Miss. Code Ann. § 97-1-7 (2026)
Attempt to commit offense; punishment
✓ current as of July 2026
- (1) Every person who shall design and endeavor to commit an offense, and shall do any overt act toward the commission thereof, but shall fail therein, or shall be prevented from committing the same, on conviction thereof, shall, where no other specific provision is made by law for the punishment of the attempt, be punished by imprisonment and fine for a period and for an amount not greater than is prescribed for the actual commission of the offense so attempted.
- (2) Every person who shall design and endeavor to commit an act which, if accomplished, would constitute an offense of murder under Section 97-3-19, but shall fail therein, or shall be prevented from committing the same, shall be guilty of attempted murder and, upon conviction, shall be imprisoned for life in the custody of the Department of Corrections if the punishment is so fixed by the jury in its verdict after a separate sentencing proceeding. If the jury fails to agree on fixing the penalty at imprisonment for life, the court shall fix the penalty at not less than twenty (20) years in the custody of the Department of Corrections.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 8 (3); 1857, ch. 64, art. 20; 1871, § 2809; 1880, § 2713; 1892, § 973; 1906, § 1049; Hemingway's 1917, § 777; 1930, § 793; 1942, § 2017.
Amended by Laws, 2013, ch. 510, HB 28, 1, eff. 7/1/2013.
Notes of Decisions
Cited in 148
cases (24 in the last 5 years), 1973–2026 · leading case: Richard Lamar Green v. State of Mississippi, 269 So. 3d 75 (Miss. 2018).
Richard Lamar Green v. State of Mississippi, 269 So. 3d 75 (Miss. 2018). “Miss. Code Ann. § 97-1-7 (Rev. 2014). Kidnapping carries a minimum sentence of only one year.”
Shaffer v. State, 72 So. 3d 1070 (Miss. 2011). “" Miss.Code Ann. § 97-1-7 (Rev.2006). ¶ 20.”
Spears v. State, 942 So. 2d 772 (Miss. 2006). “" The indictment never made any reference to Miss.Code Ann. § 97-1-7, the statute for an attempt to commit an offense.”
Eakes v. State, 665 So. 2d 852 (Miss. 1995). “1983) (citing Miss. Code Ann. § 97-1-7 (1972)). However, Miss.”
Shaffer v. State, 72 So. 3d 1090 (Miss. Ct. App. 2010). “Miss.Code Ann. § 97-1-7. Obviously, the circuit court was fully aware Shaffer had, in fact, solicited adults instead of a child.”
Brooks v. State, 18 So. 3d 859 (Miss. Ct. App. 2008). “Miss.Code Ann. § 97-1-7 (1972); Mason v. State, 430 So.”
Brooks v. State, 18 So. 3d 833 (Miss. 2009). “2006) 5 and Miss.Code Ann. § 97-1-7 (Rev.2005). ¶ 10.”
White v. State, 851 So. 2d 400 (Miss. Ct. App. 2003). “Miss. Code Ann. § 97-1-7 (Rev.2000) (emphasis added).”
Willie Carl Pickett v. State of Mississippi, 252 So. 3d 40 (Miss. Ct. App. 2018). “2017) states the killing of a human being shall be first-degree murder "[w]hen done with deliberate design to effect the death of the person killed, or of any human being.”
McGowan v. State, 541 So. 2d 1027 (Miss. 1989). “[4] Miss. Code Ann. § 97-1-7 (1972) reads as follows: Every person who shall design and endeavor to commit an offense and shall do any overt act toward the commission thereof, but shall fail therein, or shall be prevented from committing the same, on conviction thereof shall,…”
Veal v. State, 585 So. 2d 693 (Miss. 1991). “See Miss. Code Ann. §§ 97-1-7 and 97-3-95 (1972 and Supp.”
Ishee v. State, 799 So. 2d 70 (Miss. 2001). “The applicable statute, Miss. Code Ann. § 97-1-7 (2000), states: Every person who shall design and endeavor to commit an offense, and shall do any overt act toward the commission thereof, but shall fail therein, or shall be prevented from committing the same, on conviction…”
— Miss. Code Ann. § 97-1-7(1) — 9 cases
Clyde Eugene Williams v. State of Mississippi, 240 So. 3d 436 (Miss. Ct. App. 2017).
Williams v. State, 216 So. 3d 409 (Miss. Ct. App. 2017).
Joanie Tiachella Calloway v. State of Mississippi (Miss. Ct. App. 2019).
Joanie Tiachella Calloway v. State of Mississippi (Miss. Ct. App. 2019).
Jerry Beale, Jr. a/k/a Jerry Beale a/k/a Jerry Lee Beale a/k/a Jerry Lee Beale Junior a/k/a Jerry Lee Beale, Jr. v. State of Mississippi (Miss. Ct. App. 2022).
— Miss. Code Ann. § 97-1-7(2) — 14 cases
Richard Lamar Green v. State of Mississippi, 269 So. 3d 75 (Miss. 2018). “Miss. Code Ann. § 97-1-7 (Rev. 2014). Kidnapping carries a minimum sentence of only one year.”
Bryan Morton v. State of Mississippi, 246 So. 3d 895 (Miss. Ct. App. 2017).
Willie Carl Pickett v. State of Mississippi, 252 So. 3d 40 (Miss. Ct. App. 2018). “2017) states the killing of a human being shall be first-degree murder "[w]hen done with deliberate design to effect the death of the person killed, or of any human being.”
Jerry Beale, Jr. a/k/a Jerry Beale a/k/a Jerry Lee Beale a/k/a Jerry Lee Beale Junior a/k/a Jerry Lee Beale, Jr. v. State of Mississippi (Miss. Ct. App. 2022).
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