Live Free or Die Legal
This website is not an official source of law. This website does not provide legal advice. For official legal materials, verify against the relevant court, legislature, agency, or other official source. Legal information may be incomplete, outdated, or incorrectly processed. Consult a qualified attorney for advice about a specific legal matter.

This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 629:1 · Attempt

Title
LXII: CRIMINAL CODE
Chapter
629 · INCHOATE CRIMES
Status
current
Official source linked
Yes
Official source Copy section link

629:1 Attempt. –

Copy link
I.

A person is guilty of an attempt to commit a crime if, with a purpose that a crime be committed, he does or omits to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step toward the commission of the crime.

Copy link
II.

As used in this section, "substantial step" means conduct that is strongly corroborative of the actor's criminal purpose.

Copy link
III.

(a) It is an affirmative defense to prosecution under this section that the actor voluntarily renounces his criminal purpose by abandoning his effort to commit the crime or otherwise preventing its commission under circumstances manifesting a complete withdrawal of his criminal purpose.

Copy link
(b)

A renunciation is not "voluntary" if it is substantially motivated by circumstances the defendant was not aware of at the inception of his conduct which increase the probability of his detection or which make more difficult the commission of the crime. Renunciation is not complete if the purpose is to postpone the criminal conduct until a more advantageous time or to transfer the criminal effort to another but similar objective or victim.

Copy link
IV.

The penalty for attempt is the same as that authorized for the crime that was attempted, except that in the case of attempt to commit murder the punishment shall be imprisonment for life or such other term as the court shall order. Source. 1971, 518:1. 1979, 126:5. 1999, 158:3, eff. June 28, 1999.

Copy link

Source note

Source. 1971, 518:1. 1979, 126:5. 1999, 158:3, eff. June 28, 1999.

Source history

  • 1971, 518:1
  • 1979, 126:5
  • 1999, 158:3, eff. June 28, 1999

Related materials

Opinions and discipline decisions mentioning this RSA