§ 30-28-1. Attempt to commit a felony

Attempt to commit a felony consists of an overt act in furtherance of and with intent to commit a felony and tending but failing to effect its commission. Whoever commits attempt to commit a felony upon conviction thereof, shall be punished as follows: A. if the crime attempted is a capital or first degree felony, the person committing such attempt is guilty of a second degree felony; B. if the crime attempted is a second degree felony, the person committing such attempt is guilty of a third degree felony; C. if the crime attempted is a third degree felony, the person committing such attempt is guilty of a fourth degree felony; and D. if the crime attempted is a fourth degree felony, the person committing such attempt is guilty of a misdemeanor. No person shall be sentenced for an attempt to commit a misdemeanor.