Attempt

Attempt is an inchoate criminal offense requiring intent to commit a crime and conduct that passes a legal threshold toward its commission. The required conduct threshold varies across jurisdictions and offenses.

Criminal intent: A mental state in which a person means to commit a crime or bring about a prohibited result. Attempt generally requires purpose to commit the target crime, even when that crime permits lesser mental states.
Completed crime: A criminal offense whose legally required elements have all been satisfied. Completion distinguishes the target offense from an attempt, which falls short of at least one required element.
Actus reus: The conduct or external element required for criminal liability. Attempt requires conduct beyond intent, but jurisdictions disagree on how much conduct suffices.
People v. Rizzo: A 1927 New York case holding that searching for an intended robbery victim did not yet constitute attempted robbery. The court found the defendants had not come dangerously close to committing the planned robbery.
Substantial step: Conduct that strongly corroborates a person’s criminal purpose and advances a crime beyond mere preparation. This test defines the conduct threshold for attempt under the Model Penal Code.
Solicitation: An offense committed by intentionally encouraging or requesting another person to commit a crime. Solicitation can be complete through an invitation to offend, without conduct advancing the crime itself.
Mens rea: The mental state required for a criminal offense. Attempt’s specific-intent requirement can exceed the mental state required for the completed crime.
United States v. Jackson: A 1977 federal case applying the Model Penal Code’s substantial-step approach to attempted bank robbery. The court treated conduct strongly corroborating criminal purpose as sufficient even before the final act.
Impossibility defense: A defense arguing that circumstances made the intended crime impossible to complete. Attempt liability can persist when factual circumstances defeat completion, while some legal impossibility claims may succeed.
Conspiracy: An agreement between two or more people to commit a crime, often accompanied by an overt act. Conspiracy centers on agreement, while attempt centers on an individual’s intent and conduct toward the target crime.

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