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 murder in the second degree, the person committing the attempted murder is guilty of a third degree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, the basic sentence of imprisonment is nine years;
D. if the crime attempted is a third degree felony, the person committing such attempt is guilty of a fourth degree felony; and
E. 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.