Attempt - The mens Rea of Attempted Crime - Model Penal Code

Model Penal Code

Under the Model Penal Code, a defendant is generally guilty of attempt in one of two situations: (1) when it was their purpose (i.e., conscious object) to engage in the conduct, or to cause the result, which constitutes the target offense, or (2) when they believe the result implicated in the target offense will occur, even if not their conscious object to cause that result (MPC ยง5.01(1)).

The "purpose" (as in situation 1) or "belief" (as in situation 2) required for an attempt do not necessarily encompass the attendant circumstances of the crime. Instead, the defendant must possess as to the attendant circumstances the degree of culpability required to commit the target offense, as specified in the elements of that offense.

Read more about this topic:  Attempt, The mens Rea of Attempted Crime

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