Also known as: dangerous proximity · dangerous proximity test · proximity doctrine
Written by attorneys · grounded in primary & secondary sources — see below
An actus reus requirement in the common law test for criminal attempt. The defendant's conduct must have advanced so near to completion of the target offense that success is imminent absent an intervening force.
Leo drove his van into the departures loop and waited for Mark's shuttle to load passengers. He then revved the engine and accelerated straight toward the open door. A pedestrian forced him to brake only a few feet short of impact. Leo's acceleration placed the planned collision in dangerous proximity to success.
After buying a pistol and locating his intended victim, Ray hid behind a pillar and raised the weapon to firing position. A bystander tackled him before he could pull the trigger. Ray's conduct had advanced into dangerous proximity to success.
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Two defendants agreed to set fire to a warehouse, purchased gasoline, and carried it to the building's rear door. They were arrested while pouring the fuel. Their actions had reached dangerous proximity to success.
Four men armed themselves and drove through several streets looking for their intended victim. They never located the man or drew their weapons. Their search remained too remote from completion to satisfy dangerous proximity to success.
Two defendants agreed to murder a man fifty miles away and purchased a pistol for the purpose. They took no further steps toward the location or the victim. The agreement and purchase fell short of dangerous proximity to success.
A defendant loaded a gun, approached the intended victim from behind, and raised the weapon to point-blank range. He was interrupted before pulling the trigger. The act of aiming placed the shooting in dangerous proximity to success.
The test requires conduct so near completion that the crime would occur but for an intervening force. Actions such as acquiring tools or traveling to the scene remain preparatory. Conduct such as aiming a loaded weapon at the victim crosses into attempt.
Supporting sources
No. The defendant need not actually finish the last step if an outside interruption prevents completion. Raising a crowbar toward a victim's window or accelerating a vehicle toward passengers satisfies the test when only the impact itself remains.
Supporting sources
The test focuses on how close the conduct came to success. Positioning a needle an inch from the victim's skin or tugging repeatedly on a cable holding a rig above the victim meets the standard because only minimal additional force is needed.
Supporting sources
…that the act amounts to an attempt when it is so near to the result that the danger of success is very great: "There must be dangerous proximity to success." Halsbury states: "An act, in order to be a criminal attempt, must be immediately, and not remotely, connected with and directly tending to the commission of an offence." Commonwealth v.…