Also known as: direct but ineffectual acts · attempt · criminal attempt
Written by attorneys · grounded in primary & secondary sources — see below
An actus reus element in attempt liability consisting of conduct that moves beyond mere preparation and comes dangerously close to completing the target offense. The act need not be the final step that would immediately produce the harm.
David Dawson obtained keys to the victim's apartment without consent and prepared a list of instruments to carry out a killing. He drove to the building and entered the hallway but was arrested before reaching the door. The conduct satisfied the direct but ineffectual act requirement for attempt.
Daphne Doyle, intending to commit a substantive crime, drafted documents and obtained tools but stopped short of the final steps after a colleague intervened. The preparatory drafting alone did not meet the direct but ineffectual act threshold for attempt liability.
Select any source to read its text and confirm it supports the definition.
Dustin Donovan swung a chain at Denise Donovan from behind a partition intending to complete a battery but she never saw the motion before he stopped. Because the victim remained unaware, the conduct did not satisfy the direct but ineffectual act element for criminal attempt.
Demetrius Douglas tore up his will intending to revoke it so he could execute a new one favoring a different beneficiary, but the new will was never validly executed. The revocation conduct did not constitute a direct but ineffectual act supporting attempt liability.
Delilah Duran and one co-owner signed an agreement purporting to burden their jointly owned land intending a criminal trespass if refused, but the remaining owners refused to join. The attempt created no servitude and did not meet the direct but ineffectual act requirement for attempt.
Delta Dynamics employees entered a warehouse at night carrying explosives intending to steal equipment but were stopped by security before removing any items. The armed entry satisfied the direct but ineffectual act element elevating the burglary charge.
The act must move beyond arranging means and constitute a direct movement toward commission that comes dangerously close to the completed crime. Obtaining keys and entering the hallway satisfies the requirement while merely buying supplies does not.
Supporting sources
No. A defendant who has performed a direct but ineffectual act with the required intent remains liable even if unknown facts would have prevented completion of the target offense.
Supporting sources
No. Once the defendant crosses the line from preparation to a direct but ineffectual act, abandonment or withdrawal provides no defense at common law.
Supporting sources
…(Roe) for a declaratory judgment and injunctive relief against the Texas abortion laws, which make it a crime to procure or attempt an abortion except on medical advice for the purpose of saving the mother's life. A licensed physician (Hallford), who had been performing abortions, and a married couple (the Does), who…