1. An act done with the intent to commit a crime, and tending but failing to accomplish it, is an attempt to commit that crime. A person who attempts to commit a crime, unless a different penalty is prescribed by statute, shall be punished as follows:
(a) If the person is convicted of:
(1) Attempt to commit a category A felony, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.
(2) Attempt to commit a category B felony for which the maximum term of imprisonment authorized by statute is greater than 10 years, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years.
(3) Attempt to commit a category B felony for which the maximum term of imprisonment authorized by statute is 10 years or less, for a category C felony as provided in NRS 193.130.
(4) Attempt to commit a category C felony, for a category D felony as provided in NRS 193.130, or for a gross misdemeanor by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment.
(5) Attempt to commit a category D felony, for a category E felony as provided in NRS 193.130, or for a gross misdemeanor by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment.
(6) Attempt to commit a category E felony, for a category E felony as provided in NRS 193.130, or for a gross misdemeanor by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment.
(b) If the person is convicted of attempt to commit a misdemeanor, a gross misdemeanor or a felony for which a category is not designated by statute, by imprisonment for not more than one-half the longest term authorized by statute, or by a fine of not more than one-half the largest sum, prescribed upon conviction for the commission of the offense attempted, or by both fine and imprisonment.
2. Nothing in this section protects a person who, in an unsuccessful attempt to commit one crime, does commit another and different one, from the punishment prescribed for the crime actually committed. A person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime was consummated, unless the court in its discretion discharges the jury and directs the defendant to be tried for the crime itself.
[1911 C&P § 26; RL § 6291; NCL § 9975]—(NRS A 1981, 158; 1995, 1168; 1997, 1178; 2013, 977)—(Substituted in revision for NRS 193.330)
Structure Nevada Revised Statutes
Chapter 193 - Criminality Generally
NRS 193.0115 - "Bond" defined.
NRS 193.012 - "Break" defined.
NRS 193.0125 - "Building" defined.
NRS 193.013 - "Corrupt" and "corruptly" defined.
NRS 193.014 - "Dwelling house" defined.
NRS 193.0145 - "Enter" defined.
NRS 193.0148 - "Gender identity or expression" defined.
NRS 193.0155 - "Indicted," "indictment," "informed against" and "information" defined.
NRS 193.016 - "Judge" defined.
NRS 193.0165 - "Jurors" defined.
NRS 193.017 - "Knowingly" defined.
NRS 193.0175 - "Malice" and "maliciously" defined.
NRS 193.018 - "Neglect," "negligence," "negligent" and "negligently" defined.
NRS 193.0185 - "Nighttime" defined.
NRS 193.019 - "Officer" and "public officer" defined.
NRS 193.0195 - "Owner" defined.
NRS 193.0205 - "Person" defined.
NRS 193.021 - "Personal property" defined.
NRS 193.0215 - "Prison" defined.
NRS 193.022 - "Prisoner" defined.
NRS 193.0225 - "Property" defined.
NRS 193.023 - "Railway" or "railroad" defined.
NRS 193.0235 - "Real property" defined.
NRS 193.024 - "Signature" defined.
NRS 193.0245 - "Writing" defined.
NRS 193.030 - Construction of provisions of title.
NRS 193.040 - Intent to defraud.
NRS 193.050 - Conduct constituting crime; prohibited or unlawful acts; common law.
NRS 193.060 - Construction of provisions similar to existing laws.
NRS 193.070 - Effect of provisions upon past offenses.
NRS 193.075 - Effect of repeal of statute: Penalty previously imposed; prior violations.
NRS 193.080 - Application to existing civil rights.
NRS 193.090 - Civil remedies preserved.
NRS 193.100 - Proceedings to impeach or remove officers and others preserved.
NRS 193.110 - Authority of courts-martial unaffected; punishment for contempt unaffected.
NRS 193.120 - Classification of crimes.
NRS 193.130 - Categories and punishment of felonies.
NRS 193.140 - Punishment of gross misdemeanors.
NRS 193.150 - Punishment of misdemeanors.
NRS 193.151 - Prohibited act is misdemeanor when no penalty imposed.
NRS 193.153 - Punishment for attempts.
NRS 193.160 - Penalty for misdemeanor by corporations when not fixed by statute.
NRS 193.162 - Felony committed by adult with assistance of child.
NRS 193.163 - Use of handgun containing metal-penetrating bullet in commission of crime.
NRS 193.1677 - Commission of crime because victim is first responder.
NRS 193.1678 - Commission of crime because victim is spouse or child of first responder.
NRS 193.170 - Prohibited act is misdemeanor when no penalty imposed.
NRS 193.190 - To constitute crime there must be unity of act and intent.
NRS 193.200 - Intent: How manifested.
NRS 193.205 - Intent to defraud.
NRS 193.210 - When person considered to be of sound mind.
NRS 193.220 - When voluntary intoxication may be considered.
NRS 193.230 - Lawful resistance to commission of public offense: Who may make.
NRS 193.240 - Resistance by party about to be injured.
NRS 193.250 - Resistance by other persons.
NRS 193.260 - Persons acting by command of officers of justice.
NRS 193.270 - Acts punishable under foreign law.
NRS 193.280 - Defendant allowed to introduce in evidence foreign acquittal.
NRS 193.290 - Conviction or acquittal in other county is sufficient defense.
NRS 193.300 - Punishment for contempt.
NRS 193.301 - Omission to perform duty: When not punishable.
NRS 193.302 - "Chemical agent" defined.
NRS 193.3025 - "Peace officer" defined.
NRS 193.303 - "Physical force" defined.
NRS 193.304 - Prohibition against use of deadly force.
NRS 193.306 - Prohibited acts and duties relating to restraint chairs.
NRS 193.307 - Prohibited acts relating to protests and demonstrations.
NRS 193.310 - Sending letters: When offense deemed complete; venue.
NRS 193.320 - Omission to perform duty: When not punishable.