Every person who attempts to commit any crime, and in such attempt does any act toward the commission of such crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempt, as follows: 1. If the offense so attempted be punishable by imprisonment in the penitentiary for four (4) years or more, or by imprisonment in a county jail, the person guilty of such attempt is punishable by imprisonment in the penitentiary, or in a county jail, as the case may be, for a term not exceeding one-half (1/2) the longest term of imprisonment prescribed upon a conviction for the offense so attempted. 2. If the offense so attempted be punishable by imprisonment in the penitentiary for any time less than four (4) years, the person guilty of such attempt is punishable by imprisonment in a county jail for not more than one (1) year. 3. If the offense so attempted be punishable by a fine, the offender convicted of such attempt is punishable by a fine not exceeding one-half (1/2) the largest fine which may be imposed upon a conviction of the offense so attempted. 4. If the offense so attempted be punishable by imprisonment and by a fine, the offender convicted of such attempt may be punished by both imprisonment and fine, not exceeding one-half (1/2) the longest term of imprisonment and the fine not exceeding one-half (1/2) the largest fine which may be imposed upon a conviction for the offense so attempted. R.L. 1910, § 2803. Amended by Laws 1997, c. 133, § 21, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 10, eff. July 1, 1999. NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 21 from July 1, 1998, to July 1, 1999.
Notes of Decisions
Cited in
37
cases (
3 in the last 5 years), 1956–2024 · leading case:
United States v. Hubbard, 480 F.3d 341 (5th Cir. 2007).
United States v. Hubbard, 480 F.3d 341 (5th Cir. 2007).
· cites it 2× “Okla. Stat. tit. 21, § 42 (2002); id. § 1123(A)(1) (2000) (amended 2002, 2003, & 2006).”
Mitchell v. State, 2006 OK CR 20 (Okla. Crim. App. 2006).
· cites it 2× “¶ 9 In the present case, the evidence shows the commission of one of the following sex-related crimes: attempted rape pursuant to 21 O.S.2001, §§ 42, 44, & 1114; sexual battery pursuant to 21 O.”
Turner v. State, 549 P.2d 1346 (Okla. Crim. App. 1976).
· cites it 4× “A careful examination of the ex parte motions do not reveal sufficient merit to necessitate discussion.”
Messick v. State, 2004 OK CR 3 (Okla. Crim. App. 2004).
· cites it 8× “7 and 21 O.S.2001, § 42, in Creek County District Count, Case No.”
Simpson v. State, 827 P.2d 171 (Okla. Crim. App. 1992).
· cites it 2× “Appellant argues that these instructions, omitting any reference to 21 O.S.1981, § 42, that the punishment for attempted crimes is to be one-half of the maximum punishment for the same completed offense, failed to properly channel the jury’s discretion in determining the…”
Hunnicutt v. State, 755 P.2d 105 (Okla. Crim. App. 1988).
“CRF-83-706, and convicted of two counts of Attempting to Knowingly Conceal Stolen Property (21 O.S.1981, §§ 42, 1713) (Counts I and II) and two counts of Felonious Possession of a Firearm (21 O.”
Stemple v. State, 2000 OK CR 4 (Okla. Crim. App. 2000).
“1991, § 421 (count two), and attempted first degree murder,21 O.S.1991, § 42 (count three), in Tulsa County District Court, Case Number CF-96-5169, the Honorable B.”
Glaze v. State, 565 P.2d 710 (Okla. Crim. App. 1977).
“CRF-75-3708, for the offense of Attempted Burglary in the Second Degree, After Former Conviction of a Felony, in violation of 21 O.S.1971, § 42 and 21 O.S.1971, § 1435.”
Maxwell v. State, 775 P.2d 818 (Okla. Crim. App. 1989).
“OPINION LANE, Judge: Donald Ray Maxwell, Appellant, was tried by jury for the crime of Attempted Kidnapping After Former Conviction of Two or More Felonies in violation of 21 O.S.1981, § 42 in Case No. CRF-85-299 in the District Court of Muskogee County.”
Rosteck v. State, 749 P.2d 556 (Okla. Crim. App. 1988).
“1981, § 652) (Count 1); Attempted First Degree Rape (21 O.S.1981, §§ 42, 1114-1115) (Count 2); Forcible Sodomy (21 O.”
Pierce v. State, 766 P.2d 365 (Okla. Crim. App. 1988).
· cites it 2× “…Pierce, appellant, was tried by jury for Kidnapping (21 O.S.1981, § 741) (Count I), and Attempted First Degree Rape (21 O.S.1981, §§ 42, 1115; 21 O.S.Supp.1983, §§ 1111,1114) (Count II), in Tulsa County District Court, Case No. CRF-86-1934, before the Honorable Donald C.…”
Plotner v. State, 762 P.2d 936 (Okla. Crim. App. 1988).
“1983, §§ 1111(3), 1114(A)(3); 21 O.S.1981, § 42; Oklahoma Uniform Jury Instructions—Criminal (OUJI-CR) 210 (1981); James v.”
— Okla. Stat. tit. 21, § 42(1) — 2 cases
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