Also known as: proximity approaches · proximity test
Written by attorneys · grounded in primary & secondary sources — see below
A test for determining whether conduct constitutes criminal attempt under which the defendant's overt act must come dangerously close to completing the target offense. Mere preparation remains insufficient. The act must stand in close physical and causal proximity to the completed crime so that the offense would have occurred but for an interruption.
Select any source to read its text and confirm it supports the definition.
Pilar Pena purchased gasoline and rags intending to burn an insured duplex. She drove to the alley behind the building and parked with the materials in her car. Officers stopped her before she exited the vehicle or approached the structure. Her conduct remained too remote from actually igniting the fire to satisfy the proximity requirement.
Perry Pratt traveled to the neighborhood where he planned to commit a robbery. He parked several blocks from the target premises and remained in his vehicle. Police arrested him before he walked to the building or took any further steps. The travel and positioning left substantial acts undone and fell short of dangerous proximity.
The proximity approach focuses on how close the defendant's conduct came to completing the offense. It requires the overt act to reach dangerous closeness to success. Other tests such as the substantial step or equivocality approaches apply different standards for when preparation ends and attempt begins.
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No. Buying tools or driving to the general area constitutes mere preparation. The test requires the defendant to advance beyond those steps into conduct that is dangerously close to completing the crime itself.
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Such conduct satisfies the test when it places the defendant in immediate striking distance of the victim with only the final physical movement remaining. The interruption of that last step by external forces confirms the act had reached dangerous proximity.
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The defendant must advance to the point where the crime would occur but for interruption. Repeated approaches that stop short of entry leave essential steps such as presenting a demand note undone and therefore remain preparatory.
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Partial removal of pins and repeated tugging that visibly strains the device but leaves final detachment steps undone does not reach dangerous proximity. The remaining mechanical acts required to release the device keep the conduct at the preparation stage.
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