§ 750.92Attempt to commit crime

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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.

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