Also known as: mere preparations
Written by attorneys · grounded in primary & secondary sources — see below
Conduct falling short of the overt act required to establish criminal attempt liability under the common law proximity test. The acts remain preparatory when they consist of planning or arranging means without coming dangerously close to completing the target offense.
Mohan Malhotra bought ammunition and drove to the victim's neighborhood with intent to commit murder. He parked two blocks away and loaded the weapon in his car. These steps stayed within mere preparation and did not satisfy the dangerous proximity requirement for attempt.
Mariam Mansour purchased bullets at a store and drove to the intended victim's house while intending to shoot him. She remained outside the property and never approached with the loaded gun. The conduct constituted mere preparation rather than an attempt under the proximity test.
Ming Ma exchanged repeated messages over months arranging to meet minors for sexual contact and suggested a preliminary home visit. He never traveled to the location or initiated physical contact. The communications stayed within mere preparation and did not come dangerously close to completing the target offense.
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Mustafa Mahmoud discussed buying cocaine from an undercover officer and refused to open a package during the meeting. He never completed the purchase or took further delivery steps. The conversation remained mere preparation and did not come dangerously close to completing the target offense.
Conduct crosses the line when the defendant's overt act comes dangerously close to completing the target offense and stands in close physical and causal proximity to the completed crime. Acts such as purchasing bullets or driving to the victim's house remain preparatory. Pointing a loaded gun at the victim and pulling the trigger satisfies the requirement.
Supporting sources
Under the majority and traditional common law rule, abandonment or withdrawal does not provide a defense to attempt once the defendant has crossed the line from mere preparation to the commission of an overt act. The carrying of a prepared item toward the target location can complete the required overt act even if the defendant later dumps the item.
Supporting sources
Courts require that the overt act come dangerously close to completing the target offense and stand in close physical and causal proximity to the completed crime. Actions that merely arrange means or plan the offense stay preparatory. Conduct such as pointing a loaded gun at the victim satisfies the threshold.
Supporting sources
…causing Candi's daughters to assent to sexual contact with him. Lee's internet and telephone "conversations ... went beyond mere preparation," and constitute a substantial step sufficient to support his attempt conviction. Spurlock , 495 F.3d at 1014. Lee did not confide in a friend or write in his journal about his desire to…