1. An act, done with specific intent to commit an offense under sections 40.005 to 40.490 , amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense. 2. Any person subject to sections 40.005 to 40.490 who attempts to commit any offense punishable by sections 40.005 to 40.490 shall be punished as a court-martial may direct, unless otherwise specifically prescribed. 3. Any person subject to sections 40.005 to 40.490 may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
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