16-4-1.
A person commits the offense of criminal attempt when, with intent to
commit a specific crime, he performs any act which constitutes a
substantial step toward the commission of that crime.
16-4-2.
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A person may be convicted of the offense of criminal attempt if the
crime attempted was actually committed in pursuance of the attempt but
may not be convicted of both the criminal attempt and the completed
crime.
16-4-3.
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A person charged with commission of a crime may be convicted of the
offense of criminal attempt as to that crime without being specifically
charged with the criminal attempt in the accusation, indictment, or
presentment.
16-4-4.
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It is no defense to a charge of criminal attempt that the crime the
accused is charged with attempting was, under the attendant
circumstances, factually or legally impossible of commission if such
crime could have been committed had the attendant circumstances been as
the accused believed them to be.
16-4-5.
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(a) When a personīs conduct would otherwise constitute an attempt to
commit a crime under Code Section 16-4-1, it is an affirmative defense
that he abandoned his effort to commit the crime or in any other manner
prevented its commission under circumstances manifesting a voluntary and
complete renunciation of his criminal purpose.
(b) A renunciation of criminal purpose is not voluntary and complete if
it results from:
(1) A belief that circumstances exist which increase the probability of
detection or apprehension of the person or which render more difficult
the accomplishment of the criminal purpose; or
(2) A decision to postpone the criminal conduct until another time.
16-4-6.
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(a) A person convicted of the offense of criminal attempt to commit a
crime punishable by death or by life imprisonment shall be punished by
imprisonment for not less than one year nor more than ten years.
(b) A person convicted of the offense of criminal attempt to commit a
felony shall be punished by imprisonment for not less than one year nor
more than one-half the maximum period of time for which he could have
been sentenced if he had been convicted of the crime attempted, by
one-half the maximum fine to which he could have been subjected if he
had been convicted of the crime attempted, or both.
(c) A person convicted of the offense of criminal attempt to commit a
misdemeanor shall be punished as for a misdemeanor.
16-4-7.
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(a) A person commits the offense of criminal solicitation when, with
intent that another person engage in conduct constituting a felony, he
solicits, requests, commands, importunes, or otherwise attempts to cause
the other person to engage in such conduct.
(b) A person convicted of the offense of criminal solicitation to commit
a felony shall be punished by imprisonment for not less than one nor
more than three years. A person convicted of the offense of criminal
solicitation to commit a crime punishable by death or by life
imprisonment shall be punished by imprisonment for not less than one nor
more than five years.
(c) It is no defense to a prosecution for criminal solicitation that the
person solicited could not be guilty of the crime solicited.
(d) The provisions of subsections (a) through (c) of this Code section
are cumulative and shall not supersede any other penal law of this
state.
16-4-8.
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A person commits the offense of conspiracy to commit a crime when he
together with one or more persons conspires to commit any crime and any
one or more of such persons does any overt act to effect the object of
the conspiracy. A person convicted of the offense of criminal conspiracy
to commit a felony shall be punished by imprisonment for not less than
one year nor more than one-half the maximum period of time for which he
could have been sentenced if he had been convicted of the crime
conspired to have been committed, by one-half the maximum fine to which
he could have been subjected if he had been convicted of such crime, or
both. A person convicted of the offense of criminal conspiracy to commit
a misdemeanor shall be punished as for a misdemeanor. A person convicted
of the offense of criminal conspiracy to commit a crime punishable by
death or by life imprisonment shall be punished by imprisonment for not
less than one year nor more than ten years.
16-4-8.1.
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A person may be convicted of the offense of conspiracy to commit a
crime, as defined in Code Section 16-4-8, even if the crime which was
the objective of the conspiracy was actually committed or completed in
pursuance of the conspiracy, but such person may not be convicted of
both conspiracy to commit a crime and the completed crime.
16-4-9.
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A coconspirator may be relieved from the effects of Code Section 16-4-8
if he can show that before the overt act occurred he withdrew his
agreement to commit a crime.
16-4-10.
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(a) As used in this Code section, 'domestic terrorism' means any
violation of, or attempt to violate, the laws of this state or of the
United States which:
(1) Is intended or reasonably likely to injure or kill not less than ten
individuals as part of a single unlawful act or a series of unlawful
acts which are interrelated by distinguishing characteristics; and
(2)(A) Is intended to intimidate the civilian population of this state,
any of its political subdivisions, or of the United States;
(B) Is intended to alter, change, or coerce the policy of the government
of this state or any of its political subdivisions by intimidation or
coercion; or
(C) Is intended to affect the conduct of the government of this state or
any of its political subdivisions by use of destructive devices,
assassination, or kidnapping.
(b) Notwithstanding any other provision of law, any person who commits,
attempts to commit, conspires to commit, or solicits, coerces, or
intimidates another to commit a violation of the laws of this state or
of the United States for the purpose of domestic terrorism shall, except
in cases for which the death penalty may be imposed and the state has
served notice of its intention to seek the death penalty, be sentenced
to the maximum term of imprisonment and a fine not to exceed the amount
prescribed by Code Section 17-10-8, which penalty shall not be
suspended, stayed, probated, or withheld.
(c) In addition to any other provision of law, evidence that a person
committed an offense for which the death penalty may be imposed under
the laws of this state for the purpose of domestic terrorism shall be
admissible during the sentencing phase as a statutory aggravating
circumstance. It shall be the duty of the judge to consider, or to
instruct the jury to consider, in addition to the statutory aggravating
circumstances provided in Code Section 17-10-30, that the offense was
committed for the purpose of domestic terrorism.
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