Attempt

Question 1

What is attempt?

Answer 1

Attempt is the crime of “almost” committing a crime, and requires the D cross the line from preparation to perpetration

Question 2

What are elements required for attempt?

Answer 2

1. specific intent or purpose to bring about a criminal result
2. a significant overt act in furtherance of that intent that proves the D went past the point of preparation and began perpetration

Question 3

What is the common law requirement for an overt act required for attempt?

Answer 3

The D is required to perform the last act necessary to achieve the intended result

Question 4

What is the MPC “substantial step” test regarding liability for attempt?

Answer 4

Acts prior are sufficient as long as they are a substantial step towards the commission that indicates a purpose to complete the attempt

Question 5

What is the proximity test regarding overt acts creating liability for attempt?

Answer 5

The proximity test looks at how close in time and physical distance the D was to the time and place that the target crime was to be committed

Question 6

What is the equivocality test for attempt?

Answer 6

The D’s conduct unequivocally indicates they were going to complete the target offense

Question 7

What are defenses to attempt?

Answer 7

1. abandonment
2. legal impossibility
3. factual impossibility

Question 8

What is requirement for abandonment defense to attempt?

Answer 8

Common law: no defense is possible once the attempt is complete
MPC: voluntary and complete abandonment is a defense to attempt

Question 9

What is legal impossibility defense to attempt?

Answer 9

D isn’t guilty if the act D thought was criminal was actually not criminal, despite the fact the thought they committed a crime

Question 10

What is factual impossibility defense to attempt?

Answer 10

There is none - a D will be guilty of attempt if the D would have committed the offense had the facts been as D believed them to be