Also known as:targets · targeted · targeting · subject
Written by attorneys · grounded in primary & secondary sources — see below
The completed crime that a defendant intends to commit when charged with attempt. Under the common law proximity test, the defendant's conduct must come dangerously close to completing this offense for liability to attach.
Sources & Authorities· 40 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Loaded Gun Pointed at Victim
Tanya Tang purchases ammunition and drives to her ex-partner's home with a loaded firearm. She then steps onto the porch, aims the gun at the intended victim, and pulls the trigger. The conduct satisfies the dangerous proximity test because it reaches the target offense of murder.
Arson Attempt With Matches
Victor Vale soaks rags in gasoline outside a rival's warehouse. He strikes a match and holds it to the rags but is tackled before the fire spreads. The act reaches the target offense of arson under the proximity test.
Burglary Attempt At Window
Wanda West carries a crowbar to a closed store at midnight. She pries open the back window and begins to climb inside when police arrive. Her conduct crosses into the target offense of burglary.
Put it into practice
Test Yourself
10
Practice Questions5
Federal Rules
Uniform Acts
Model Codes
Common Law
Robbery Attempt With Note
Xavier Xu enters a bank, hands the teller a demand note, and reaches for the cash drawer. The teller triggers the alarm before any money is taken. The actions satisfy proximity to the target offense of robbery.
Kidnapping Attempt In Van
Yolanda Young grabs a child on the street and forces the child toward a waiting van. Neighbors intervene before the van door closes. The conduct reaches the target offense of kidnapping.
Theft Attempt From Register
Zane Zook reaches into an open cash register and begins removing bills when the clerk returns. The conduct comes dangerously close to completing the target offense of larceny.
Common questions
Frequently Asked
1
What must the prosecution prove to show a defendant came dangerously close to the target offense?+
The defendant's overt acts must stand in close physical and causal proximity to the completed crime. Mere preparation such as buying bullets or driving to the scene remains insufficient. Pointing a loaded gun and pulling the trigger meets the test because the conduct reaches the target offense itself.
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