Oklahoma Statutes
Okla. Stat. tit. 21, § 44 (2026)
Attempt defined
✓ current as of July 2026
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A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he: (a) purposely engages in conduct which would constitute the crime if the attendant circumstances were as he believes them to be; or, (b) when causing a particular result in an element of the crime, does anything with the purpose of causing or with the belief that it will cause such result, without further conduct on his part. Added by Laws 1965, c. 220, § 1.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 1975–2024 · leading case: Mehdipour v. State, 1998 OK CR 23 (Okla. Crim. App. 1998).
Mehdipour v. State, 1998 OK CR 23 (Okla. Crim. App. 1998). “Mehdipour argues, as he did exhaustively at every stage of the proceedings, that Attempting to Intimidate a State's Witness must be charged as an attempt crime under 21 O.S.1991, § 44. In Proposition I he claims the jury was incorrectly instructed on the elements of the crime…”
Commonwealth v. Henley, 474 A.2d 1115 (Pa. 1984). “02 (1975); Oklahoma, Okla.Stat.Ann. tit. 21 Section 44; North Dakota, N.”
Hunnicutt v. State, 755 P.2d 105 (Okla. Crim. App. 1988). “” 21 O.S.1981, § 44(a). Such language forecloses the legal impossibility defense, long criticized by many commentators.”
Rosteck v. State, 749 P.2d 556 (Okla. Crim. App. 1988). “21 O.S.1981, § 44. This Court has long interpreted this statute as requiring three elements: the intent to commit the crime; the performance of some act toward its commission (commonly called the commission of some overt act); and the failure to complete or consummate the crime.”
Clayton v. State, 695 P.2d 3 (Okla. Crim. App. 1984). “Clayton, was charged in separate counts of Attempted Oral Sodomy in violation of 21 O.S.1981, §§ 44 and 886, and Burglary in the First Degree in violation of 21 O.”
State v. Rios, 409 So. 2d 241 (Fla. 3d DCA 1982). “02 (B) (1975) Oklahoma : Okla. Stat. Ann. tit. 21, § 44 (1981 Supp.”
Darr v. People, 568 P.2d 32 (Colo. 1977). “02 (1975); Oklahoma, Okla. Stat. Ann. tit. 21 §44 (1976 Supp.); Oregon, Ore.”
State v. Krigel, 2024 OK CR 27 (Okla. Crim. App. 2024). “In that case, the Court quoted the legislature's definition of "attempt" in 21 O.S.1981, § 44 4 and observed: This Court has long interpreted this statute as requiring three elements: the intent to commit the crime; the performance of some act toward its commission (commonly…”
Reeves v. State, 535 P.2d 706 (Okla. Crim. App. 1975). “CRF-74 — 108, for the offense of Attempted Rape, After Former Conviction of a Felony, in violation of 21 O.S.1971, § 44. His punishment was fixed by jury at a term of twenty (20) years’ imprisonment, and from said judgment and sentence a timely appeal has been perfected to this…”
State v. Krigel, 2024 OK CR 27 (Okla. Crim. App. 2024). “In that case, the Court quoted the legislature's definition of "attempt" in 21 O.S.1981, § 44 This Court has long interpreted this statute as requiring three elements: the intent to commit the crime; the performance of some act toward its commission (commonly called the…”
— Okla. Stat. tit. 21, § 44(a) — 1 case
Hunnicutt v. State, 755 P.2d 105 (Okla. Crim. App. 1988). “” 21 O.S.1981, § 44(a). Such language forecloses the legal impossibility defense, long criticized by many commentators.”
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