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Ari, motivated by revenge, goes to the residence of his target at 2:15 a.m. He parks across the street, hides behind a parked car, and, from outside the living room, fires a loaded pistol toward the room after taking aim through a closed window. The bullet passes through the glass and enters the room but injures no one. The police arrest him at the scene. Which statement is correct regarding Ari's liability for attempted murder and the rule on when an attempt exists and what constitutes an overt act? Apply the rule to the facts and indicate the applicable penalty.