N.Y. Penal Law Section 110.05
Attempt to commit a crime

  • punishment
An attempt to commit a crime is a:

1.

Class A-I felony when the crime attempted is the A-I felony of murder in the first degree, aggravated murder as defined in subdivision one of section 125.26 of this chapter, criminal possession of a controlled substance in the first degree, criminal sale of a controlled substance in the first degree, criminal possession of a chemical or biological weapon in the first degree or criminal use of a chemical or biological weapon in the first degree;

2.

Class A-II felony when the crime attempted is a class A-II felony;

3.

Class B felony when the crime attempted is a class A-I felony except as provided in subdivision one hereof;

4.

Class C felony when the crime attempted is a class B felony;

5.

Class D felony when the crime attempted is a class C felony;

6.

Class E felony when the crime attempted is a class D felony;

7.

Class A misdemeanor when the crime attempted is a class E felony;

8.

Class B misdemeanor when the crime attempted is a misdemeanor;

9.

Class D felony when the crime attempted is bribery in the third degree as defined in section 200.00 of this chapter, a class C felony when the crime attempted is bribery in the second degree as defined in section 200.03 of this chapter and a class B felony when the crime attempted is bribery in the first degree as defined in subdivision two of section 200.04 of this chapter.

Source: Section 110.05 — Attempt to commit a crime; punishment, https://www.­nysenate.­gov/legislation/laws/PEN/110.­05 (updated Sep. 22, 2014; accessed Dec. 13, 2025).

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Verified:
Dec. 13, 2025

Last modified:
Sep. 22, 2014

§ 110.05. Attempt to commit a crime's source at nysenate​.gov

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