Attempt

A substantial step toward the commission of a crime, taken with the specific intent to commit it.

On the MBE the attempt question rarely turns on whether intent existed; it turns on how close the defendant got. The “tell” is a fact pattern where the actor is interrupted before completion, and you must sort preparation from a punishable attempt. Watch the jurisdiction cue: “strongly corroborative” of the actor’s purpose signals the Model Penal Code test, which draws the line earlier than the older common-law “dangerous proximity” or “last act” approach — pick the answer matching the standard the question supplies, not your default.

The classic trap is abandonment: at common law (and in federal court) the completed attempt stands and renouncing it is no defense, while the MPC recognizes voluntary and complete renunciation. It is not voluntary if driven by an unforeseen difficulty (a tougher victim) or a rising risk of getting caught. Don’t confuse attempt with conspiracy — conspiracy is complete at the agreement (plus an overt act where required) and never merges, whereas attempt dissolves into the completed crime. Memory hook: conspiracy survives, attempt dissolves.

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