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At 2:15 a.m., Marco goes to the house of his rival. He parks across the street, hides behind a parked car, and, from outside the living room, fires a loaded pistol toward the room through a window. The bullet passes through the window and enters the room but injures no one. He is arrested on the scene. Which statement is correct regarding Marco'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.