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ATTEMPT - DEFINED
161.405 “Attempt” described. (1) A person is guilty of an attempt to commit a crime when the person intentionally engages in conduct which constitutes a substantial step toward commission of the crime.
(2) An attempt is a:
(a) Class A felony if the offense attempted is murder or treason.
(b) Class B felony if the offense attempted is a Class A felony.
(c) Class C felony if the offense attempted is a Class B felony.
(d) Class A misdemeanor if the offense attempted is a Class C felony or an unclassified felony.
(e) Class B misdemeanor if the offense attempted is a Class A misdemeanor.
(f) Class C misdemeanor if the offense attempted is a Class B misdemeanor.
(g) Violation if the offense attempted is a Class C misdemeanor or an unclassified misdemeanor. [1971 c.743 §54]
161.425 Impossibility not a defense. In a prosecution for an attempt, it is no defense that it was impossible to commit the crime which was the object of the attempt where the conduct engaged in by the actor would be a crime if the circumstances were as the actor believed them to be. [1971 c.743 §55]
161.430 Renunciation as a defense to attempt. (1) A person is not liable under ORS 161.405 if, under circumstances manifesting a voluntary and complete renunciation of the criminal intent of the person, the person avoids the commission of the crime attempted by abandoning the criminal effort and, if mere abandonment is insufficient to accomplish this avoidance, doing everything necessary to prevent the commission of the attempted crime.
(2) The defense of renunciation is an affirmative defense