Also known as: lie in wait · lies in wait · lay in wait · lain in wait
Written by attorneys · grounded in primary & secondary sources — see below
Conduct consisting of watching, waiting for, and concealing oneself from a contemplated victim with the intent to kill or inflict serious bodily injury. The conduct demonstrates premeditation and deliberation. It qualifies as a substantial step toward attempt liability when strongly corroborative of criminal purpose.
Leah Lamb believed Dana had cheated her on an art sale. For three evenings Leah hid in a recessed doorway across from the museum staff exit at closing time. She then followed Dana through side streets while gripping a heavy rolled canvas tube like a club. Police stopped Leah before any blow was struck.
Lucas Lee believed his colleague Dana had stolen his experimental formula. One evening Lucas waited alone in the company's secure storage area until Dana arrived. He then drew a syringe and injected a massive dose of an untested compound into her coffee while watching her drink it.
Select any source to read its text and confirm it supports the definition.
Logan Lane grew angry after months of mockery from coworker Luis. One afternoon Logan waited in the company parking lot and watched Luis leave on his motorcycle. Logan then accelerated his car and repeatedly rammed the motorcycle, killing Luis at the scene.
Layla Lane broke into Marry Ane Pusch's home and waited for her return. When Marry Ane entered with her toddler, Layla shot her repeatedly, stabbed her, and slashed her throat before setting the home on fire.
Levi Lowe resented his business rival Barry after contentious loan meetings. One night Levi stayed late at the bank, accessed the wire-transfer system, and set an automatic transfer of Barry's entire account balance to an offshore account Levi controlled.
Lucia Lopez and her brothers entered the prison carrying guns hidden in an ice chest. They armed two inmates, locked guards and visitors in a storage closet, and fled with the freed prisoners in a waiting car.
No. The conduct requires watching and waiting in a concealed position with intent to kill or seriously injure, but the actor need not be lying down. Courts have applied the concept to actors who were sitting or standing while concealed.
Supporting sources
Lying in wait for the contemplated victim is expressly listed as conduct that can constitute a substantial step when it is strongly corroborative of criminal purpose. The actor must act with the culpability required for the target offense.
Supporting sources
Yes. The series of acts involved in watching, waiting, and hiding from the victim demonstrates premeditation and deliberation. This elevates the offense and can support a first-degree murder conviction or increased sentence.
Supporting sources
Yes. The substantial-step test focuses on whether the conduct is strongly corroborative of criminal purpose, not on whether the final blow was delivered. Hiding and following the victim while armed satisfies the test.
Supporting sources
…aforethought. "Where," the court said, "a man has been shot to death, where the facts, as claimed by the government here, show a lying in wait, show previous preparation, show the selection of a deadly weapon, and show concealment to get an opportunity to do the act, where that state of case exists, if there is a mental condition…