West Virginia Code § 15-1E-80

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

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