- attempt
- In statutes and in cases other than criminal prosecutions an "attempt" ordinarily means an intent combined with an act falling short of the thing intended. It may be described as an endeavor to do an act, carried beyond mere preparation, but short of execution.Criminal law.An intent to commit a crime coupled with an act taken toward committing the offense. An effort or endeavor to accomplish a crime, amounting to more than mere preparation or planning for it, which, if not prevented, would have resulted in the full consummation of the act attempted, but which, in fact, does not bring to pass the party's ultimate design. The requisite elements of an "attempt" to commit a crime are:(1) an intent to commit it,(2) an overt act toward its commission,(3) failure of consummation, and(4) the apparent possibility of commission. State v. Stewart, Mo.App., 537 S.W.2d 579, 581.A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he:(a) purposely engages in conduct which would constitute the crime if the attendant circumstances were as he believes them to be; or(b) when causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing or with the belief that it will cause such result without further conduct on his part; or(c) purposely does or omits to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime. Model Penal Code, No. 5.01
Black's law dictionary. HENRY CAMPBELL BLACK, M. A.. 1990.