§ 131.03 ATTEMPT.
   (A)   Element of the offense. A person commits an attempt when, with intent to commit a specific offense, he or she does any act which constitutes a substantial step toward the commission of that offense.
   (B)   Impossibility. It shall not be a defense to a charge of attempt that because of a misapprehension of the circumstances it would have been impossible for the accused to commit the offense attempted.
(Prior Code, § 47-3.3) Penalty, see § 131.99