THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.92 Attempt to commit crime. 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:
- 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;
- 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;
- 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.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.92 Former Law: See section 14 of Chapter IX of Act 175 of 1927, being CL 1929, § 17342.
Understanding Attempt to Commit Crime Law in Michigan: Section 750.92 of the Michigan Penal Code Simplified
Section 750.92 of the Michigan Penal Code deals with the crime of attempting to commit an offense. Here's a straightforward explanation of this law:
Attempt to Commit Crime: This refers to an individual trying to commit an illegal act. If the individual performs any action that moves towards the commission of the crime but fails to complete it or is stopped from doing so, they can be charged with this crime. This law applies when there is no specific law dealing with the punishment for attempting that particular crime.
Penalties: The punishment depends on the severity of the crime that was attempted:
- If the attempted crime is one that is punishable by death, the person who attempted it can be convicted of a felony, with a potential punishment of up to 10 years in a state prison.
- If the attempted crime is one that is punishable by imprisonment in a state prison for life, or for 5 years or more, the person who attempted it can be convicted of a felony, with a potential punishment of up to 5 years in a state prison or up to 1 year in a county jail.
- If the attempted crime is one that is punishable by imprisonment in the state prison for less than 5 years, or imprisonment in the county jail, or by a fine, the person who attempted it can be convicted of a misdemeanor. The potential punishment could be up to 2 years in a state prison or reformatory, up to 1 year in a county jail, or a fine of up to 1,000 dollars. However, the length of imprisonment cannot exceed half of the greatest punishment that could have been imposed if the attempted crime had been successfully committed.
The Importance of Understanding Section 750.92
This law is essential in maintaining order and safety within society, as it deters individuals from attempting to commit crimes by penalizing even unsuccessful attempts. Understanding this law is particularly important for individuals in legal professions, law enforcement, and anyone involved in the criminal justice system.