Attempt (Criminal Law)
Criminal attempt is an inchoate offense requiring specific intent to commit a target crime plus a substantial step (MPC) or act beyond mere preparation (common law) toward completing that crime.
Exam Tip
Attempt ALWAYS requires SPECIFIC INTENT. Factual impossibility NO defense. Legal impossibility IS a defense. California: NO abandonment defense.
What is Criminal Attempt?
Attempt punishes defendants who intend to commit a crime and take concrete steps but fail to achieve the objective.
Elements
| Element | Requirement |
|---|---|
| Specific Intent | Intent to commit target offense |
| Act Requirement | Beyond mere preparation |
| Failure | Crime not completed |
Tests for Sufficient Act
| Test | Standard |
|---|---|
| Substantial Step (MPC) | Corroborative of criminal purpose |
| Dangerous Proximity | Close to completion |
| Last Act | Everything in defendant's power |
Defenses
| Defense | Availability |
|---|---|
| Legal Impossibility | Defense |
| Factual Impossibility | NOT a defense |
| Abandonment | MPC yes, California no |
California
PC Section 21a: "direct but ineffectual act" toward commission. Abandonment NOT a defense once attempt complete.
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Related Terms
Mens Rea (Guilty Mind)
Mens rea is the mental state or criminal intent required to establish guilt for a crime, ranging from purpose (highest culpability) to negligence (lowest), and is an essential element that prosecution must prove beyond a reasonable doubt.
Actus Reus (Guilty Act)
Actus reus is the physical component of a crime consisting of a voluntary act, an omission when there is a legal duty to act, or possession, which must concur with mens rea to establish criminal liability.
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